Last year California adopted SB277 which gave California parents a stark choice: get your kids vaccinated or do not send them to public (and most private) schools.
The California Constitution has a provision guaranteeing each child a (so-called) free public education. Thus, legal commentators noted at the time, there was potential for a conflict between the vaccine mandate and California’s Constitution. What the legislature had done was to abolish the decades-old statutory religious and philosophical conscientious objections to school children vaccinations.
The new mandates become effective tomorrow, and tomorrow is when a long-planned lawsuit is to be filed in Federal Court in San Diego. The suit seeks to overturn the California law on state and federal constitutional and legal grounds.
Among other claims, the Complaint alleges,
“The individual plaintiffs, and each of them, have a liberty interest under the constitution in making the medical treatment choices for their minor children, in regulating their upbringing, in directing their education, and in exercising informed consent to medical treatment on behalf of their minor children…”
Later the Complaint warns, after noting that the only option dissenting parents would have is to homeschool,
“Under California law parents who are unable to homeschool their children, for lack of financial or other necessary wherewithal, will risk the loss of custody of their children for “neglect,” under the California Welfare and Institutions Code § 300.”
One of the key health freedom advocates involved in this matter, Tim Bolen, reported today:
“I have here, on my desk, a DRAFT copy of the lawsuit to be filed tomorrow, Friday, July 1st, 2016 against SB277 in California… There are, in the Draft Copy I have, THREE Counts (Causes of Action) – Violation of Constitutional Rights, Violation of California Constitution, and Violations of Federal and State Laws That prohibit Certain Uses of Medical Information…. Why was there so much secrecy? Court cases take a LOT of work to set up. There is no cookie-cutter approach. Every detail has to be thought through. This case has been months in the making. Where is this going? I think the fun is JUST starting.” http://bolenreport.com/federal-court-lawsuit-filed-sb-277-tomorrow-morning/
The universal right to Informed Consent plays a prominent role in the legal theory advanced by the legal team. Natural Solutions Foundation legal director Ralph Fucetola JD has commented on the law of Informed Consent:
“Informed consent is a fundamental human right protected against diminishment through legislative and administrative agency denial of philosophical or religious conscientious objections to mandated vaccination. Informed consent is separate from statutory exemptions and may not be abolished. The right to informed consent is meaningless without the right to refuse any medical intervention, including vaccination.” – http://drrimatruthreports.com/a-brief-for-informed-consent/