Let me tell you what I believe to be the long-term strategy of the pharmaceutical industry in regards to vaccinations. First, they want to establish by law the precedent that a parent cannot refuse a vaccination for their child, or they will face the draconian penalty of that child being forced out of the public school system. It's the dry run for what they want to try next, the forced vaccination of adults as a precondition of employment.
It really is that simple and that horrible, which is why what's happening in California should both terrify people, as well as have them sitting on the edge of their seat as to what will happen next.
As for the horror, I'm sure that most readers are aware of California Senate Bill 277, which was passed last year and signed into law by Governor Jerry Brown which provides that this academic school year, 2016-2017, starting in the lower grades, children in kindergarten and the seventh grade will need to have a certain number of vaccinations in order to attend school. All religious and philosophical exemptions are gone and only medical exemptions will remain, but you can be sure they'll try to bully physicians into not granting them. It is REALLY bad.
But what should have you sitting on the edge of your seat is a lawsuit filed by some real legal heavyweights, including a former member of Nader's Raiders, which seeks to stop SB 277. As an attorney I have to say I am impressed by the filing and believe it has a good chance of success. During the years I have been in this struggle I've been frustrated as to how little reason has been deployed in the debate. I credit much of that to the terrible 1986 National Childhood Vaccine Injury Act which removed vaccines from the traditional civil justice system. But the pharma minions were not content with that victory and wanted to go even further. Tyrants usually set themselves up for failure when they try to do too much. The reason pharma has tried to weasel out of the traditional civil justice system is they don't want to argue the merits of what they are proposing.
Here are some of the arguments our side is making that pharma and which pharma will be forced to respond:
Violation of the California Constitution - Access to public education is a fundamental right under the California constitution, which means that any abridgement of that right must be viewed with great suspicion. The defendants must show there was an overwhelming need for the abridgment of this right and that the abridgment is narrowly tailored. Furthermore, this proposed law discriminates on the basis of wealth, as more affluent parents are more able to homeschool their children. It also discriminates on the basis of English language fluency as California law states that any parent who wants to homeschool their child must be fluent in English.
Violation of Freedom of Religion - Many parents are against abortion and many of the vaccines are made using aborted fetal cells, a clear violation of their religious liberty. Even allowing children to go to religious schools which are consistent with this belief offers no relief, as religious schools are also bound by SB 277.
Violation of the Right to Freedom of Assembly - By locking the schoolhouse doors to children whose parents alter the vaccine schedule, this law is depriving children of their right to attend a secular or religious school of their choosing.
Violation of Parental Rights - Parents have the right to control the upbringing and education of their minor children and determine what medicines they will and will not take.
Violation of Equal Protection - 14th Amendment - The 14th Amendment prohibits the state from treating people differently and SB 277 does this in many ways, such as depriving children of their fundamental right to an education, depriving children with religious objections to the use of aborted fetal tissue in their medical products, and institutionalizing a prejudice against a politically unpopular group.
Violation of Due Process, Fifth, and Fourteenth Amendment - This law impinges on fundamental liberties by denying certain children the right to enter school and subjects them to indignity and humiliation.
Violation of the Individuals with Disabilities Education Act - As a number of the parents with concerns about vaccines came to this belief after they watched their children apparently suffer a vaccine injury, this law will impact those children currently receiving services under current law.
Violation of Section 504 of the Rehabilitation Act of 1973 - Federal law provides funds to the state of California and these funds will not go to many of their intended beneficiaries if this law is enacted.
Violation of the Americans with Disabilities Act - In California children are supposed to receive a "free and appropriate public education" and this law will prevent that from happening for a class of students.
Violation of Title VI of the Civil Rights Act of 1964 - Because this law will disproportionately impact non-native English speakers who may not be able to qualify as competent to homeschool their children, this law violates the Civil Rights Act of 1964 which bars discrimination on the basis of race, color, or national origin.
Violation of Article IX, Sections 1 and 5 of the California Constitution - These constitutional provisions impose on the state a duty to educate all the children. These duties are non-delegable.
Violation of the Equal Protection Clauses of the California Constitution, Article I, Section 7(a) and Article IV, Section 16 (a)) - This law prevents the state from denying basic educational opportunities to a certain class of students and SB 277 would violate that provision.
Violation of the Due Process Clauses of the California Constitution, Article 1, Sections 7(a) and 15 - Students have a protected property interest in their education and the state is depriving them of that right without due process of law.
Violation of California Education Code section 51004 - This section provides that students have a right to obtain an education, regardless of race, color, national origin, or economic status.
Violation of California Confidentiality of Medical Information Act - There has been an attempt to gather information on medical exemptions provided by doctors, a clear violation of the California law.
Violation of California Information Practices Act - Personal information about students must be protected.
Violation of Health and Safety Code Section 120440 - California law allows a parent to limit the sharing of information about their student.
Violation of Federal Family Educational Rights and Privacy Act - A similar federal law which deals with the privacy of student information.
Violation of California Code of Civil Procedure, Section 526a - Prevents the state of California from spending any money on activities which are in conflict with the law.
The lawsuit asks for a temporary and permanent injunction of the law based on these arguments. The motion for a temporary injunction will be heard on August 12, 2016, and a decision will hopefully be handed down a few days later.
Keep your fingers crossed. The pharma industry has created our autism disaster only by forcing the legal system out of the discussion. With this complaint, I am hopeful that the legal system will begin to take back that power and get us to the truth.
Kent Heckenlively is a Contributing Editor to Age of Autism and co-author of PLAGUE: One Scientist's Intrepid Search for the Truth About Human Retroviruses, Chronic Fatigue Syndrome (ME/CFS), Autism and Other Diseases, which can be ordered on Amazon. It is the most popular virus book of the last twenty years, eclipsed only by Richard Preston's, The Hot Zone.