17 July 2016
California: Complaint by Families Filed Against State Regarding Forced Vaccine Mandate for Schools
1. Amended Complaint against SB 277:
"The strongly worded Amended Complaint depicts an irrational, punitive, and unconstitutional scheme. The pleading reveals the rushed and shoddy passage of SB 277 through the Legislature, where children with vaccine personal belief exemptions were scapegoats for the famous Disneyland measles outbreak they did not cause. The Amended Complaint depicts doctors too intimidated to write medical exemptions... It reveals the impractical nature and economic hardship of homeschooling for many families..." (Ref. edu4allnow.org article - see below.)
2. Collusion by California counties to collect vaccine waiver data:
Counties are colluding to collect waiver data... It appears to be an effort to discipline doctors who issue waivers... Doctors remain vulnerable to losing their license if they honestly believe a vaccine is not in the best interest of the child. Medical decisions about said child will be made by public health totalitarians and then, if this collusion is perfected, enforced by the Medical Board.
What will be next imposed upon us by the Pharma government owners? Will we be forced to stuff statins down your throat for vascular conditions? Will the next flu epidemic see all of us hauled off to prison for failure to permit injections of vaccines...? (Ref. Dr. Rowen - see below)
Urgent Update Regarding California Vaccine Fight.
Dr. Robert J. Rowen, 16 July 2016
Your rights and legal existence of your doctors is now at stake
I respectfully ask you all to share this widely. This not only affects children. It affects the doctors you would prefer to see, and subsequently, it affects YOU!
Some good vaccine news and some FRIGHTENING vaccine news in California.
A complaint by many families has been filed against the state regarding the forced vaccine mandate for schools (SB 277).
The case cites many causes of action. Amongst these are freedom of religion (use of vaccines made from aborted human fetal tissue) and an unalienable Right in California to an education. It raises many constitutional and statutory issues the law violates. Interestingly, SB 277 pits one law against another. Children are mandated by law to be educated, and that the state provide such education free. At the same time, Senator Pan’s law mandates that children be expelled from school if they don’t ‘pan’ up to vaccination. One family raised a very interesting point. They have a child with a significant reaction to vaccine and a family adverse medical history for immune problems, which, in my opinion, should be considered for a vaccine waiver. However, their pediatrician refused. The doctor claimed he/she had attended a “special class” where he was told that to qualify for a medical exemption the child would have to have a “documented anaphylactic reaction” to a particular vaccine, and then may be eligible for [waiver] for only that particular vaccine.”
As a physician I find the claim of the doctor interesting. It appears that Pan’s mandate has altered the accepted practice of medicine concerning adverse reactions to drugs. Please understand, there are many levels of adverse reaction to a drug. Take penicillin for example. A reaction can go from a rash, to wheezing, to complete circulatory collapse and death (anaphylaxis). I can assure you that if the pediatrician gave his patient penicillin and the child had a rash and wheezing as a result, he would NOT even consider the drug again. But vaccines now fall into a whole different level. You must have had a almost death reaction for it to be considered contraindicated. I don’t think that was the intent of the senator. After all, he is a pediatrician. However, that is the ramification of the hysteria and fear whipped up by the forced vaccine forces. Hence this family had to go to court.
The case is: 3:16-cv-01715-DMS-BGS in the United States district Court for the Southern District of California.
The defendants are the State of California and a host of agencies and actors, inclusive of a Santa Barbara Dept. of Health official who stepped out of her authority to “profile” vaccine waivers issued by licensed medical doctors. There is no provision in any law authorizing her to do this. Government is inexorably morphing into totalitarianism.
You can follow this case on Pacer. Public access to court electronic records. (www.pacer.gov).
The Plaintiffs are asking for an injunction barring implementation of the law until a full hearing can be held. Please wish them well. I will post updates as I receive them.
NOW, ON A REAL ONEROUS NOTE:
Sacramento County is now collecting data on vaccine exemptions in their jurisdiction as Santa Barbara county is doing. I want to call your attention to:
There you will see a declaration filed in the vaccine case by attorney Gregory Glaser documenting a forming collusion by counties, which will collect waiver data, and the Medical Board of California. It appears to be an effort to discipline doctors who issue waivers. It appears that doctors now have immunity for all horrors that might befall a child from a vaccine, even if he injects the child knowing there was a prior reaction. But the doctor remains vulnerable to losing his license if he honestly believes a vaccine is not in the best interest of the child. Medical decisions about said child will be made by public health totalitarians and then, if this (RICO?) collusion is perfected, enforced by the medical board. Something is really wrong here in this collectivist state.
I will tell you that this is EXTREMELY worrisome, and should have you shuddering. What will be next imposed upon us by the Pharma government owners. Will we be forced to stuff statins down your throat for vascular conditions? Will the next flu epidemic see all of us hauled off to prison for failure to permit injections of vaccines, which the authorities admit, are a crap shoot every flu season?
And from http://www.edu4allnow.org/news-release/130/ please read this summary of what is going on, and a link to where you can contribute. Please remember. You are not just contributing to forced vaccination opposition. You are contributing to protecting yourself and all members of our society from a runaway government acting literally like a Gestapo. In Nazi Germany, they rounded up anyone who spoke out against their “government.” Now they are about to round up physicians first, physicians who stand up to protect their patients from the mandates of the government. Please make your voices heard on this page and everywhere you can. Under what I just reported to you above, it is entirely possible, that if I issue a waiver for a child who had a high fever and a neurological event to a vaccine, but the child did not have anaphylaxis (about to die), I could be subject to medical license scrutiny. These issues will not be resolved without your participation. Your lives will be directly affected if they come after the doctors who stand up to protect their patients with waivers they issue in good faith. We are literally entering “Brave New World.”
Amended SB 277 Complaint Filed; Preliminary Injunction Hearing August 12
edu4allnow.org, 15 July 2016
SAN DIEGO, CA— Yesterday in federal court, an Amended Complaint was filed against California’s new mandatory vaccination law, SB 277. After E4A’s lawsuit was filed July 1st, dozens of parents came forward to share stories of discrimination and oppression. Eleven additional plaintiffs have joined the suit, and the Amended Complaint pleads sixteen counts — infringement of state and federal constitutional rights, and violations of state and federal law, including statutes that protect disabled children. Sworn testimony of egregious conduct underlies a Preliminary Injunction motion, filed today and scheduled for hearing in federal court on August 12, before children return to school.
The primary focus of the Amended Complaint is disregard for the fundamental right of public education under the California Constitution. The Plaintiffs state,
“The California Constitution requires the State to ensure educational opportunities for every child and vests the State with ultimate responsibility for the public elementary and secondary school system. The State has a non-delegable duty to ensure that no student is denied the opportunity to learn. The California Constitution thus places the responsibility for providing education and educational equality to all of California’s children squarely on the shoulders of the State. While the State may elect to delegate some responsibility to school districts, it is ultimately the State’s responsibility to ensure that all California School children receive a basic education.”
The strongly worded Amended Complaint depicts an irrational, punitive, and unconstitutional scheme. The pleading reveals the rushed and shoddy passage of SB 277 through the Legislature, where children with vaccine personal belief exemptions were scapegoats for the famous Disneyland measles outbreak they did not cause. The Amended Complaint depicts doctors too intimidated to write medical exemptions, despite Governor Brown’s signing statement endorsing their discretion. It reveals the impractical nature and economic hardship of homeschooling for many families, and a lack of guidance from the California Department of Education and Board of Education. It shows how schools are left on their own to decide if disabled students must be vaccinated to receive classroom special education.
Plaintiffs’ attorney Robert Moxley said, “More parents come forward every day. We may be just looking at the tip of the iceberg with these first set of plaintiffs.” He added, “The California Department of Education’s website touts ‘a world-class education for all students, from early childhood to adulthood.’ But there is nothing world class about removing healthy children from school. Maybe that is why we have so many parents coming forward.”
About Education 4 All: The Education 4 All (E4A) Foundation, founded in June 2016, seeks to redeem California’s promise of equal education for all children.
Contribute to the suit HERE
Source: Dr. Rowan's Facebook page: