Government Enforced Vaccinations: Vaccination
Tracking Registry - Avoiding
vaccines
Immunization Registries" have already been set up by the state governments
in more than half of the states and will be linked together to form a national
"vaccination tracking registry". The plan will require you and your child
to be automatically enrolled in this computerized, electronic, government
"immunization registry". Some parents have already been charged with child
abuse or neglect by government officials for refusing to vaccinate with
all government required vaccines. Their children have been excluded from
daycare, elementary schools, and colleges. Others have had their children
denied health insurance by HMOs. The national "Immunization Registry" will
make it even easier for government officials to punish those who make independent
health care decisions for themselves and their families. VACCINE
EXEMPTIONS: WHAT YOU NEED TO KNOW
Welcome to...Vaccine
Excemption: how
to legally avoid vaccines
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Avoiding vaccines
To avoid all vaccines, you will need to take a religious exemption.
Dr. Todd Hoover, MD - As parents, you are ultimately
the ones most affected by the consequences to either vaccinate or not vaccinate
your child. You should first determine the exact state law that governs
this decision where you live. If there is no provision for a religious
or philosophical objection to vaccination, your decision to not vaccinate
your child could be viewed as child neglect by the authorities in your
state, resulting in direct oversight of the medical care of your child
and forced vaccination against your wishes. If your state allows religious
or philosophical objection to vaccination, then you have a somewhat difficult
choice. After studying the subject in depth, I believe that vaccinations
represent the only long-term, relatively effective method of preventing
these very serious diseases. Some vaccines are better than others, in terms
of efficacy and side effects. All vaccines are stressful for your child
and are capable of producing side effects. The relative health and constitution
of the child is the single most predictive factor in the likelihood of
a side effect occurring. Doctors and vaccine researchers are not inherently
evil or misguided, and they constantly strive to find the safest and most
effective ways to prevent serious contagious diseases. (Excerpt
from Homeopathy Today magazine May/June 04 issue)
The WHO and federal government
can’t mandate vaccines for state residents, but the states can
mandate emergency vaccines without exemptions and quarantine unvaccinated
residents in government facilities…what can we do about
that?
There’s
a lot of information on the Internet about vaccine religious exemptions.
Unfortunately, much of it is misleading or incorrect. The law on religious
exemptions is inherently complex. For most U.S. citizens, the law is not
even clearly defined. In addition, the law continually evolves, so staying
on top of your rights requires constant vigilance.
A complete explanation of vaccine religious exemption
law is beyond the scope of an article (which is why I’m writing a book
on the subject—be on the look-out for this in the near future!). But an
introduction to some of the complicating factors may not be.
First, vaccine requirements and exemptions in the
U.S. are state laws, as the federal government lacks authority to address
vaccines for state residents (federal laws do address vaccine requirements
and exemptions for immigrants and the military; they may also provide means
of avoiding vaccines in the workplace). Contrary to the assertions of some,
vaccines are legally required in all U.S. states and territories, but exemptions
of one kind or another are also available that at least some citizens in
each state and territory may exercise. One’s right to refuse immunizations
in the exercise of one’s religious beliefs is a right afforded by both
state and federal law (in all but two states—Mississippi and West Virginia)—primarily
by way of state codes and the U.S. Constitution’s First and Fourteenth
Amendments. So, right off the bat, vaccine religious exemptions necessarily
involve a potentially complex mixture of state and federal law. Furthermore,
on the state level, there are both statutes and regulations that address
vaccine requirements and exemptions, and all of them must be factored in
to determine fully one’s rights, and state constitutions may play a role
as well.
Rights
are seldom if ever absolute. One person’s right to exercise their religion
is limited by opposing rights—in the case of vaccine religious exemptions,
the state’s right to require immunizations for the (presumed) benefit of
society. Furthermore, determining your rights is not simply a matter of
reading a state statute or a Constitutional Amendment. While those may
be necessary starting places, they contain only broad generalized statements
that tell you little if anything about how that law applies to the specific
set of facts and circumstances in your life. Make no mistake—the application
of those laws can vary, sometimes radically, with the widely varying circumstances
of each individual person or family.
How do we determine, then, how the law applies to
individual cases? We must look to legal precedent, or case law. Legislatures
may make the laws, but it is the courts that interpret it—on a case-by-case
basis, one individual dispute at a time. When a case in a lower court is
appealed to a higher court, the higher court (or federal district court
and some state trial courts) may issue a written “opinion” that serves
as guiding precedent for the lower courts for future disputes. So, for
starters, then, to determine what the law is in your specific situation,
you must determine whether or not there is any legal precedent that applies.
Needless to say, the court opinions constituting the body of precedent
in any given area of law can never precisely address all of the potentially
infinite variety of future circumstances that will arise within that same
area of law—especially where there is limited precedent in the first place
(which is the case with vaccine religious exemptions). When a situation
comes up that doesn’t clearly match any existing precedent, it may be difficult
or impossible to say with any certainty what the law is for that specific
situation. And when precedent cases bear some resemblance
to a current situation but are clearly distinguishable from it, there may
be opposing arguments about how the existing precedent should be applied
to the present situation, with two or more possible outcomes.
The WHO and federal government can’t mandate vaccines for state residents,
but
the states can mandate emergency vaccines without exemptions and quarantine
unvaccinated residents in government facilities…what can we do about
that?
Welcome
to North Carolina’s Pandemic Response Project (NC PReP)—dedicated to
reforming emergency laws in NC and across the U.S.
1. What is the North
Carolina Pandemic Response Project? See http://www.vaccinerights.com/pandemicstate.html
2. NC Attorney Alan
Phillips’ Letter
to the NC Governor and other State Leaders - Track NC state leaders’
responses here:
3. NC professionals
supporting NC PReP’s legislative agenda are now forming the NC PReP Professional
Panel. Recommendations, inquiries and applicants welcome!
4. Join the WEEKLY
CONFERENCE CALLS: Mondays 8:00 pm ET, 1-218-862-7200, code 636721. ½
hour update and information report, ½ hour for your questions &
comments. EVERYONE is welcome!
Example conference's Agenda:
A. First ½ hour:
1) Updates: a) State leader responses to our
letters, b) NC PReP Professional Panel Report, and c) H1N1 News Summary:
State, National, International
2) Guest Speaker: Homeopathy and Infectious
Disease
3) Legal Topic: Attorney Phillips, Standing
Orders for H1N1 Vaccine Administration
B. Second ½ hour: YOUR questions, suggestions,
comments and feedback
Unfortunately,
the complexity doesn’t end there. Even if there is precedent that clearly
applies to your specific situation, you still have to look to whether or
not that precedent is “binding” or just a “persuasive argument.” This depends
on whether or not the precedent was issued by a court within your jurisdiction.
If not, your local courts don’t have to follow it. It may still be a legitimate
part of a legal argument for what your rights should be (i.e., how a court
should rule if the matter ends up in court), but it won’t determine what
your rights are, and the bottom line is, a court could rule contrary to
that precedent and against you if it felt that doing so was the more just
outcome in your particular case (and as you might well imagine, arguments
supporting immunization often have an advantage).
Let’s be a little more specific. Most of the federal
precedent pertaining to vaccine religious exemptions comes from cases that
arose in New York State federal courts. Those precedent-setting cases were
in federal district courts and the Second Circuit Court of Appeals (which
jurisdiction encompasses New York, Vermont and Connecticut). If you live
outside of New York (with regard to those court opinions from New York
District Courts), or outside of NY, VT and CT (with regard to the court
opinion from the Second Circuit Court of Appeals), this precedent serves
only as a legal argument in support of a desired outcome, and not as a
statement of current law or a legal requirement. Sometimes, that “argument”
is enough to get the exemption without having to take the case to court
(though sometimes, that argument—practically speaking—needs to be made
by an attorney); other times, it isn’t.
One
frequent question concerns those states with laws that require one to be
a member of an organized religion with tenets in opposition to immunizations
in order to qualify for a religious exemption. Such laws have been ruled
unconstitutional in some state and federal courts. But that doesn’t mean
that similar laws in other states that have not been challenged in court
are presently unconstitutional—it only means that if such present laws
in other states were challenged in court, they may be ruled unconstitutional
at that time. So, if you live in a state that has these requirements, you
are legally bound by them unless and until the laws are changed. You may
still be able to exercise a religious exemption even if you don’t belong
to the right kind of church, but if so, it would probably be because local
officials chose not to spend the time and money defending a case they were
likely to lose, and not because there was any uncertainty about the enforceability
of the law as it currently stands.
Exercising a vaccine religious exemption has one
more complicating layer we’ll discuss here—what I call the “practical reality”
layer. Once you have determined your rights under state and federal law,
and the strengths and weaknesses of your position, you still have to deal
with local authorities that may or may not know what your legal rights
are, and who may or may not cooperate with you even if they do. Sometimes
exercising an exemption is very straightforward and proceeds without incident,
with or without an attorney. Sometimes, though, local officials are rude,
uncooperative and even downright coercive or confrontational in their efforts
to convince you not to exercise your legal right to a vaccine exemption.
Most of time, these folks are probably genuinely concerned about the health
and safety of you, your children and the community, but many overstep their
boundaries in their zealousness to “protect” you and the community. For
this reason, and because of the many inherent legal complexities
associated with vaccine religious exemptions generally, many people would
benefit from a consultation with a knowledgeable attorney. Alan
Phillips, Attorney at Law, December 7, 2006 - Vaccine
Legal Exemptions E-Book
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions.
Vaccine Lawyers
Lists lawyers, law firms, and other organizations dedicated to supporting
individuals who a) were damaged by vaccines and are seeking compensation
through the Vaccine Injury Compensation Program, b) are being harassed
by vaccine authorities, or c) are seeking assistance regarding their religious
right to avoid immunizations
Dr.
Will Falconer - "Transfer Factor should
be given before and immediately after vaccination for at least a few weeks
to help ameliorate the immune system confusion."
There are over 3,000 published papers, 50 years of research, and thousands
of case reports on the effectiveness of Transfer Factor in modulating the
immune system.
Homeopathy
is also noted for its success to antidote or remove the toxic effects of
vaccines and to re-establish balance in the organism and restore health.
Certain homeopathic remedies taken aftervaccination can minimize
vaccine damage. A professional homeopath
should be consulted for more information. Holistic doctors and pediatricians
are also using Homeopathy and Transfer Factor to successfully prevent and
treat the diseases of smallpox, measles,
whooping cough,
chickenpox,
anthrax and other ailments.
Vaccine manufacturers
have paid out nearly $2B in damages to parents in America whose children
were harmed by one of the childhood jabs such as the MMR (measles-mumps-rubella)
or DPT (diphtheria-pertussis-tetanus). In all, around 2,000 families have
received compensation payments that have averaged $850,000 each. There
are a further 700 claims that are going through the pipeline. None of the
claims is for autism as medical researchers say they have failed to find
a link between the disease and the MMR vaccine, despite the initial findings
made by Dr Andrew Wakefield. Instead they are for a wide spectrum of physical
and mental conditions that are likely to have been caused by one of the
vaccinations. Around 7,000 parents have filed a claim of an adverse reaction
with America's Vaccine Injury Compensation Program (VICP). To win an award,
the claimant must prove a causal link to a vaccine. As the medical establishment
has refused to recognise any link to autism, the VICP has so far rejected
300 claims for this outright. (Source: New England Journal of Medicine,
2007; 357: 1275-9).
US
senators fast-track a bill to protect vaccine
manufacturers from litigation - Seven US Senators introduced
a bill to protect vaccine manufacturers from thousands
of pending federal lawsuits filed by parents of vaccine-damaged children.
On the eve of an historic, billion-dollar world vaccination campaign, a
leaked transcript ignites questions of vaccine safety and research corruption.
Meanwhile, US senators fast-track a bill to protect vaccine manufacturers
from litigation. With millions of lives at stake, and billions of dollars
to lose, will a merger of philanthropy, big business and compromised science
win an epic race between corporate agendas and medical ethics? In this
world exclusive report, byronchild exposes how the most powerful medical
research bodies in the United States compromise their vaccine safety research
for vested interests, as they assist in a global vaccine policy, while
a bill looms in the background to protect it all. more
"The giant pharmaceutical companies, public health officials and medical
organizations are joining together and mounting an unprecedented attack
on our right to choose which vaccines our children will receive. They've
formed a rich and powerful FORCED VACCINATION LOBBY to bully state legislators
across the country into setting up vaccine t racking systems that invade
your privacy, passing new vaccine laws, and taking away
legal exemptions. Unless we build alliances and organize quickly in
every state, there will soon be many new vaccines madated for you and your
children. And we will have very little choice in the matter"
Dr. Buttram
- "At the present time there are growing public and professional concerns
about the safety of currently mandated childhood vaccine programs, as reflected
in by a series of annual Congressional hearings in Washington DC that have
taken place since 1999, sponsored by the U.S. House Government Reform Committee
under the chairmanship of Congressman Dan Burton. At an annual conference
of the American College for the Advancement of Medicine during April 2001,
with several hundred physicians in attendance, when one of the speakers
asked how many in attendance had concerns about the safety of current childhood
vaccines, a large majority raised their hands.The Autism Research Institute
of San Diego is now widely known as an active support group for families
with autistic children and is one of the more active organizations in this
field. Its founding director, Bernard Rimland, Ph.D., has provided the
statistics that, in their experience, from 50 to 60% of parents with autistic
children believe that their children were damaged by vaccines. In our own
office we have seen many autistic children in recent years, and our own
experience has been very similar, many parents reporting that deterioration
of their children took place following vaccines."
At all times in attempting to avoid unwanted immunization, you have
the Law of the Land behind you. Those who would try to vaccinate you against
your will are on very shaky ground. Into every compulsory immunization
law in America are written legal exceptions and waivers which are there
specifically to protect you from the attempted tyranny of officialdom.
It is not only your right, but your obligation to use them, if this is
what your conscience tells you.
Nobody, anywhere or any time and under
any circumstances has the right or power in this country to immunize you
or your children against your will and conviction. If they attempt
to do so, you can legally charge them with "assault with a deadly weapon"
and have the full resources of our laws behind you.
At all times in attempting to avoid unwanted immunization, you have
the Law of the Land behind you. Those who would try to vaccinate you against
your will are on very shaky ground. Into every compulsory immunization
law in America are written legal exceptions and waivers which are there
specifically to protect you from the attempted tyranny of officialdom.
It is not only your right, but your obligation to use them, if this is
what your conscience tells you.
Vaccine
Legal Exemptions E-Book Comprehensive, authoritative
information about vaccine legal exemptions you can trust, written by a
licensed attorney! Critical details for Parents (natural and adoptive),
College Students, Immigrants, Employees, Employers, Military Personnel,
Healthcare Professionals, Public and Private Agencies, Public and Private
School Personnel, Attorneys--anyone in the United States concerned with
vaccine legal exemptions.
Vaccine
Lawyers This section lists lawyers, law firms, and
other organizations dedicated to supporting individuals who a) were damaged
by vaccines and are seeking compensation through the Vaccine Injury Compensation
Program, b) are being harassed by vaccine authorities, or c) are seeking
assistance regarding their religious right to avoid immunizations.
1. Nobody, anywhere or any time and under any circumstances
has the right or power in this country to immunize you or your children
against your will and conviction. If they attempt to do so, you can legally
charge them with "assault with a deadly weapon" and have the full resources
of our laws behind you.
2. At all times in attempting to avoid unwanted immunization,
you have the Law of the Land behind you. Those who would try to vaccinate
you against your will are on very shaky ground. Into every compulsory immunization
law in America are written legal exceptions and waivers which are there
specifically to protect you from the attempted tyranny of officialdom.
It is not only your right, but your obligation to use them, if this is
what your conscience tells you. click
here to learn more
NOTE: It is recmmended that you seek the
advice of a qualified laywer for accurate and
updated
information.
Article I In all your contacts with any member of the school, public health,
or legal establishment, always remain calm, courteous, and humbly reverent
toward their position. You are only asking of them that which the law duty
binds them to give you. There is no reason, or advantage, to be gained
by antagonizing them.
Most of these officials believe they are discharging their trust as
outlined by law. If they are overstepping the law, then you must very diplomatically
bring the true facts to their attention, but without attempting to belittle
them.
The more you can preserve their ego, the more easily and quickly you
are likely to get what you desire - a waiver of immunization.
Rule No. 1: Do not harass, belittle, or antagonize officials
unnecessarily.
Article 2 All compulsory laws concerning vaccination (including the military)
contain exceptions and waivers. It is these protections placed in the laws
that you may legally use to exclude yourself and your children. Surprisingly,
these exceptions were placed there, not for your sake (although you may
take advantage of them), but for the protection of the establishment.
How is this? Let us assume that these exceptions were not there and
everyone was actually forced to be immunized. Should a child die or become
mentally or physically disabled, the parent would have the perfect case
to sue the doctor, the school, the health department, and even the state
legislature for enormous damages.
Since they allowed no exceptions, they must accept full responsibility
for all the adverse consequences of the law.
However, if exception waivers are placed in the law, the responsibility
is then transferred back to the parent. If a child should be injured by
immunization, the officials can say, "Well, the parent should have exempted
him if they thought there was any danger."
Therefore, there is in truth no such thing as a compulsory vaccination
law in this country. They are ALL,
in essence, voluntary. The problem
is that practically no one in authority will let you know this fact.
Rule No. 2: There are no compulsory vaccination laws. All are
voluntary, and you are held responsible for the adverse results upon you
or your children.
Article 3 While all immunization laws have exceptions you can use, the wording
in each state differs, and you must know the exact wording for your state
to make the proper request of waiver. This information can be obtained
in one of two ways.
Go to the reference section of your local library- look in the State
Statute Revised Law Book under Public Health Law or Communicable Disease
sections. The list of immunization requirements will appear first and then
the exemptions
will be given. Usually one or two provisions will be listed: either on
religious or medical grounds or both.
You may call or write your state representative and ask for a copy of
the immunization laws in your state. Making this available is part of his
job, and it will be sent promptly.
Article 4 There are two basic reasons for exception - medical or religious. Which
one you choose will often depend upon the wording of the law in your state
and your personal convictions.
We shall discuss medical
exemption first. While laws do vary, nearly all states require that
a note or certificate of waiver be submitted by a physician licensed in
the state of residence. In some areas where states are small and people
continually travel from one to another for business, a statement from a
physician in a contiguous state will be accepted.
In this letter it is usually necessary to state the reason for the requested
waiver and the length of time it should extend. Many laws limit all such
letters to a school year and they must be renewed each fall.
The two most valid reasons for medical waiver are "the fear of allergic
reaction in a sensitive child" and "to prevent possible damage to a weakened
immune system." Both of these can occur in a child who has been immunized,
and since no one but the physician and the parent will be held responsible
for their consequences, it is up to them to protect the child.
It is possible that some states may require the letter from an M.D.
or D.O., but many will allow an exemption letter from a chiropractor if
it is courteously and properly written, as outlined above.
Rule No. 4: Medical waivers are always valid but must be written
to fit each state law and often need to be renewed annually.
Article 5 The foregoing may work for school exemptions, but are there any such
waivers in the Armed Forces? Yes. All branches of the Service provide "immunization
waivers."
Again, if they did not you could sue them for millions of dollars if
a reaction occurred from their immunizations. Because of these waiver provisions,
you become responsible if you react.
When you first sign up or enlist, you must state your objection to the
vaccinations and tell whether it is "religious conscience" or medical reasons,
such as allergies or a low tolerance to medication of any kind. If you
do not show objection at this time, you have given the military the right
to do what they will with you.
If there is any difficulty, the same rules apply here as in the school
program. Never forget, even though you may be in the Service, no one has
the right to immunize you against your will. You do not give up your constitutional
rights when you join the Armed Forces.
Rule No. 5: The rules that govern school vaccination exemption
also apply to the military. Never let anyone tell you otherwise. They do
not know, or are hiding, the facts of the law.
Article 6 What about international travel? May I go around the world without
vaccination?
The World Health Organization (WHO) in Geneva grants American visitors
the right to REFUSE shots when traveling internationally. However, if an
area you wish to enter is infected, you may be detained until the public
health servant gives you the "go" (at his discretion).
Thousands travel world-wide each year without shots - so you may if
that is your choice. Many of our co-workers have traveled over much of
the world and have never taken any immunizations, nor were they ever detained.
It would be wise to request a copy of Foreign Rules and Regulations,
Part 71, Title 42, on immunization when you receive your passport. Never
forget the basic rule, "No one will vaccinate you against your will because
by doing so they assume full responsibility for the consequences both legal
and medical."
Rule No. 7: You may travel wherever you wish in the world
without vaccination. The worst that can happen is that in very rare circumstances
you may be detained temporarily.
Some Important Details The above seven articles constitute all the basic rules. However, there
are many important little "tricks of the trade" to having your legal requests
honored. These will now be discussed.
While waivers and exemptions are written into all laws on immunization,
most public health officials, doctors, and especially school officials
are loathe to discuss their existence when questioned, and rarely, to our
knowledge, volunteer such information.
A top Philadelphia school official was on the radio with the unequivocal
statement, "NO SHOTS, NO SCHOOL."
This statement is of course completely counter to state law, with which
presumably he is familiar. Such unwarranted dogmatism is common in the
people you will encounter. Once the end of their legitimate authority has
been reached, they will use their next most powerful weapon - INTIMIDATION.
They will threaten to keep your child out of school, take him from you,
or send you to jail. These are all idle threats because they can do none
of these thing, if you follow our simple instructions.
The basic rules have been given to you, but there are a few important
details to be considered if the officials start on this course of unlawful
intimidation.
You must send a letter to the school
to inform the education officials of your stand. A phone call is not legal.
It can be a note from your doctor, minister, or a notarized letter from
you stating your sincere objections to the immunization. If you do not
do this and fail to have your child immunized, it could be construed as
negligence on your part and in some states there is a possibility of legal
action against you.
If the school should refuse to honor your letter, request that they
give you a statement in writing outlining their reasons for refusal. If
they won't, their refusal is legally invalid,
and your letter stands; they must enroll your child. If they do (they rarely
will) they take the risk of incriminating themselves, especially if they
are acting contrary (as is common) to what is specified in the law concerning
your rights for exemption. Remember they are on tenuous ground, not you.
They are your servants, you are not their servant. If worst comes to worst
and you have a very knowledgeable official who writes you a refusal and
states accurately the lawful reasons for refusal, he will also in a negative
way tell you what the accepted exemptions are, and then you can go about
meeting them, by one of the routes suggested in this handout.
Child neglect is the one legal point you want to avoid at all costs.
No legal parent or guardian can be charged with neglect unless he shows
complete lack of concern or action to be more informed. Stripped of legal
jargon, this simply means that if you can show that you have investigated
the situation, have come to a specific decision concerning immunizations,
and have informed the authorities of the same, no neglect charge can be
brought. Neglect can be brought only when it can be shown that you have
failed to have your children immunized, not out of respect for their medical
or spiritual integrity, but only because you were too concerned with other
matters.
At times there may be a question of whether you have given or withdrawn
legal consent. Legal consent is dependent upon being properly informed
on both the advantages and the risks in any choice or decision you make.
In other words, if a physician were to tell you that vaccination is perfectly
safe and effective to obtain your consent, such consent would not be legal
because he lied and you have not been properly informed. Conversely, it
could be argued that non-consent is not legal if you are not fully informed
about the risks and advantages of immunizations.
What do I do if everyone refuses to give me a waiver?
This would be an extremely rare circumstance. But should it happen,
you are not left without resources. Here is where we pull out one of our
big guns. Send notarized letters by certified mail to the vaccine laboratory
which makes the shot (ask your doctor for the address), to the doctor who
is to administer the shot, to your school principal,to the school board,
and to your local health department.
In these letters make it clear that since they have refused to give
you a duly requested waiver, you can no longer be held responsible for
what may happen to your child if they force these shots upon him. You then
state that you will allow immunization if each will present you with a
written signed guarantee of safety and effectiveness of the vaccine and
that they will consent to assume full responsibility for any and all adverse
reactions that your child may develop from the required shots. Of course
none will give you such a guarantee. They cannot do so because all vaccines
are considered potentially highly toxic. We have yet to hear of an instance
of further harassment of parents after such letters have been sent.
That's about all that is needed to obtain the necessary exemptions for
your children. All that has been said in this last section (1 to 5) is
also applicable to the military and international travel, if required.
Potpourri of Ammunition "As long as each individual who opposes vaccines has sincere objections,
states them in writing, and signs his name - it is considered legal and
proper action and must therefore be honored."
"Since many medical controversies exist surrounding immunization, drugs,
and various other medications, it mandates that each individual have the
right to control his own decisions and freedom of choice; anything less
would be contrary to the constitutional laws that protect the citizens'
rights. "
"When you deal with school officials and lawyers, you are playing with
legal terminology - move the wrong words around and you get hung." The
terminology used in this booklet has worked before and should work again.
"It is important to state your objections in such a way that it complies
with your state's exemption provisions. They must then accept your request;
if they do not, they are breaking their own law." That is why it is absolutely
essential that you know your own state law word for word before submitting
your objection.
"According to CDC (the federal Communicable Disease Center in Atlanta,
Georgia), physicians are required to first inform their patients of the
risks involved before they consent to vaccines." If they do not do so,
it is prima facie evidence of deceit or negligence on the part of the physician.
This regulation by the federal government would also seem to assume
that the patient has the right to refuse if he feels that the risks are
too great. If this is so, is not the federal government on record as supporting
voluntary immunization and, by obvious implication, against state-enforced
compulsory immunization?
Should you ever have to go to court, or what is more likely, to appear
before a "kangaroo" court of school and health department officials, here
is some class A evidence you might find useful to mention.
No vaccine carries any guarantee of protection from the laboratory
that produced it or the doctor who administered it.
The U.S. military allows no-nonsense "immunizations waivers."
There is NO FEDERAL LAW on immunizations.
They don't dare. Their lawyers know the consequences.
Your rights have been infringed upon by officials attempting to use
force against your will.
Most state officials like a nice, stress-free job. When you send in your
objections and refuse to fit their ordered world by not having your children
immunized, you make waves.
This rocks their quiet existence, and there are only two ways their
life can become orderly again: either by forcing you to their will or acquiescing
to yours. What you must do to obtain an early waiver is to make the latter
the easiest path for them.
At first, however, an attempt will usually be made to bend you to their
will by some form of intimidation. Many uninformed parents give in to this
tack, and so it is tried again and again.
If you are adequately informed, as a reader of this publication should
be, you will let the officials know in no uncertain terms that you understand
your rights under the law and will not stand for any such shilly-shallying.
Invariably, once they discover you are adamant and acquainted with the
state law, your waiver will be rapidly forthcoming.
An Acknowledgment The greatest part of the material on the first four pages is taken
from the work of Mrs. Grace Girdwain, of Burbank, Illinois. Our staff has
rearranged and edited the information, but we wish the full credit for
its existence to go to this courageous woman who has for twelve years worked
arduously, without compensation, to help her fellow Americans obtain their
legal rights.
The following is an example of the state of Illionois law (where I live)
relating to immunizations. Illinois, like most states has no philosophical
objection, but does have a religious one.
Illinois Administrative Code Title 77: Public Health
Chapter I: Department of Public Health
Subchapter i: Maternal and Child Health
Part 665 Child Health Examination Code
Subpart E: Exceptions
Section 665.510 Objection of Parent or Legal
Guardian
Parent or legal guardian of a student may object to health examinations,
immunizations, vision, and hearing screening tests, and dental health examinations
for their children on religious grounds. If a religious objection is made,
a written and signed statement from the parent or legal guardian detailing
such objections must be presented to the local school authority.
General philosophical or moral reluctance to allow physical examinations,
immunizations, vision and hearing screening, and dental examinations will
not provide a sufficient basis for an exception to statutory requirements.
The parent or legal guardian must be informed by the local school authority
of measles outbreak control exclusion procedures per IDPH rules. The Control
of Communicable Diseases (77 Ill. Adm. Code 690) at the time such objection
is presented.
Section 665.520 Medical Objections
a) Any medical objections to an immunization must be:
1) Made by a physician licensed to practice medicine in all
its branches indicating what the medical condition is.
2) Endorsed and signed by the physician on the certificate of child
health examination and placed on file in the child's permanent record.
b) Should the condition of the child later permit immunization, this requirement
will then have to be met. Parents or legal guardians must be informed of
measles outbreak control exclusion procedures when such objection is presented
per Section 665.510.
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
If a “dirty bomb” exposed a large segment of US citizens simultaneously
to Hepatitis B, Hepatitis A, tetanus, pertussis, diphtheria, Haemophilus
influenza B, three strains of polio viruses, 3 strains of influenza viruses,
measles, mumps, and rubella viruses, the chickenpox virus, and 7 strains
of Streptococcus bacteria, we would declare a national emergency. We would
call it an “extreme act of BIOTERRORISM”. The public outcry would be immense
and our government would act accordingly. And yet, those are the very organisms
that we inject through vaccines into our babies and our small children,
with immature, underdeveloped immune systems. Many are given all at the
same time. But instead of bioterrorism, we call it “protection.” Reflect
a moment on that irony. more
The
national on-line "Show Us the Vaccine Data Petition" was announced
by the National Vaccine Information Center (NVIC) at an August 23, 2004,
meeting of the Institute of Medicine (IOM), National Academies of Sciences
in Washington, D.C. At that meeting, parents of vaccine-injured autistic
children protested that the Vaccine Safety Datalink (VSD) was being used
by federal health officials to cover up vaccine risks associated with mercury
preservatives in vaccines. That day, the National Vaccine Information Center,
as well as SAFEMINDS, National Autism Association, Moms Against Mercury,
CoMed, NoMercury.org and Unlocking Autism, all called for full public disclosure
of all government-held vaccine risk data in the VSD
What
Every Parent Should Know BEFORE Their Childen Are Vaccinated! Why
are a growing number of parents and health care professionals around the
world questioning vaccination? The controversy stems from the thousands
of deaths and permanent disabilities attributed to vaccination annually,
as well as the many published medical studies, government statistics, congressional
testimonies, and other credible sources that directly contradict commonly
held assumptions about vaccine safety and effectiveness.
Bart Classen, a Maryland physician, published data showing that diabetes
rates rose significantly in New Zealand following a massive hepatitis B
vaccine campaign in young children, and that diabetes rates also went up
sharply in Finland after three new childhood vaccines were introduced.
More pictures
of vaccine damage available to view at the
CDC
website
In fall 1997, two influential professional magazines featured articles
asking the question: Has the decrease of infectious diseases in childhood
through the mass use of vaccines been replaced with an increase in chronic
diseases such as diabetes and asthma? The Economist, a prestigious international
magazine read by world leaders in government, business and public policy,
and Science News, a magazine read by both health care professionals
and the general public, explored the reported links between vaccines and
chronic diseases in their November 22, 1997 issues.
Homeopathy
can be used successfully to prevent and treat smallpox, measles,
whooping
cough, chickenpox, and other ailments.
Would you allow big brother to enforce vaccinations on your kids? Government
Enforced Vaccinations Vaccination Tracking Registry - Government programs
that limit your choices -and your rights- in health care when it comes
to mandatory vaccination. These mandates last for 40 or so years
and they're impossible to repeal. Also, learn about Legal Requirements
and Exemptions
Are Vaccines Damaging Our Pets?
Routine Vaccination: Is
it really safe and effective? Most recently, an article
appeared in the Journal of the American Veterinary Medical Association
entitled "Are We Vaccinating Too Much?" Read about the comments of veterinarians
who believe that vaccines are damaging our pets.
Avoiding vaccines All vaccine laws are state laws. To avoid vaccines, you must comply
with the laws of your state. Most states offer a religious exemption, all
offer medical exemptions. Medical exemptions are difficult to get (require
severe adverse reaction), may be temporary, for one vaccine only, etc.
To avoid all vaccines, you will need to take a religious exemption.
Get a copy of your state's vaccine laws from one of the following sources:
1. Your state dept. of immunizations or epidemiology
2. Your states home page website (some states have searchable statutes)
3. the NVIC: info@909shot.com, http://nvic.org;
4. New Atlantean Press (try a standard internet search
If your state requires membership in specific religions for a religious
exemption, you should know that federal court cases have overruled this.
See the specific references in the information and sample letters on my
site. Religious exemptions can be challenged, but this is very difficult
to do. They must prove that you don't believe what you say you do. Of course,
in this case, it could be argued that you are insincere, since you started
the immunizations. If possible, you might change Drs. and "start over".
A new Dr. doesn't need to know that you formally vaccinated, only that
you are not vaccinating due to your religious beliefs. I am a legally
ordained minister (non-denominational), and can assist if support/backup
is needed regarding your religious beliefs. You need not belong to any
specific religion; it is your personal religious beliefs--including your
interpretation of any relgion you may belong to--that matters.
May 2005, US senators fast-track a bill to protect vaccine manufacturers
from litigation - Seven US Senators introduced a bill to protect vaccine
manufacturers from thousands of pending federal lawsuits
filed by parents of vaccine-damaged children. On the
eve of an historic, billion-dollar world vaccination campaign, a leaked
transcript ignites questions of vaccine safety and research corruption.
Meanwhile, US senators fast-track a bill to protect vaccine manufacturers
from litigation. With millions of lives at stake, and billions of dollars
to lose, will a merger of philanthropy, big business and compromised science
win an epic race between corporate agendas and medical ethics? In this
world exclusive report, byronchild exposes how the most powerful medical
research bodies in the United States compromise their vaccine safety research
for vested interests, as they assist in a global vaccine policy, while
a bill looms in the background to protect it all. more
"Legislation was proposed (SS732, S733, H940, Sen. Edward Kennedy sponsoring
on behalf of the Clinton Administration), which would establish a "national
registry and tracking system" for the vaccination of all infants and children,
a prelude to the notorious "Smart Card" or "Health Identity Card", with
total control over health care decisions by a centralized medical Big Brother.
These bills, which are offered up in one version or another, year after
year, mandate "social workers" to essentially become the new "health care
police", calling upon every home in America, door to door, to "investigate"
whether or not every child in residence would have all "mandatory vaccines".
If not, the child might be blocked from enrollment in school, or the parents
charged with "child abuse", and the child forcibly taken away by the state
for adoption. Already, legal attacks for "child neglect and abuse" have
been mounted by social workers and medical authorities against parents
opting for home-birth, and against parents refusing to inoculate their
children with potentially dangerous experimental vaccines. Even breast-feeding
mothers have had infants ripped from their arms, being charged with "child
sexual abuse", by power-drunk "social workers", who did not approve of
breast-feeding beyond two years." This is an excerpt from
The
FDA - Who Do They Really Protect? Anti-Constitutional Activities and
Abuse of Police Power by the U.S. Food and Drug Administration and other
Federal Agencies by James DeMeo, Ph.D.
Without your voice, there is no choice!
Citizens
For Health is a free grassroots, consumer advocacy group that champions
public policies empowering individuals to make informed health choices.
Let your voice be heard!
AMERICAN FAMILY
ADVOCACY CENTER There is a war raging over the control
of our children. The cry of outrage is spreading across this nation, as
increasing numbers of children are wrongfully ripped from their loving
parent's arms and secreted away by the unscrupulous agents of the State.
Update March 2000 - state-by-state push for
vaccine mandates The state-by-state push for vaccine mandates is remarkably revealed
by a Merck-supported
legislative update Look and copy now, because I doubt it will remain
posted for very long once it gets some critical attention. The Web site
summarizes the multi-pronged push for vaccine mandates as follows:
ADMINISTRATION (allow non-doctors to routinely give
vaccines)
DATA (build and distribute health records)
HAEMOPHILUS INFLUENZAE TYPE B (HIB) (require as a
condition of school)
HEPATITIS B (require as a condition of school)
IMMUNIZATION REQUIREMENTS (impose even pre-enrollment
vax requirements)
INSURANCE-RELATED (require health insurers to pay
for vaccines)
VARICELLA (require as a condition of school)
OTHER (cut off aid to poor families unless they prove
vaccination)
Some argue that vaccines are not that profitable for the vaccine manufacturer,
but that overlooks that these mandates last for 40 or so years (they're
impossible to repeal), and provide a foundation for exporting the vaccine
to the enormous population outside of the U.S.
Government Enforced Vaccinations
By Mary May and Barbara Loe Fischer
Federal health officials in Washington D.C. are about to activate a
nationwide government vaccination tracking system. You and your child will
be tagged and tracked using your Social Security Numbers and birth records.
If you or your child are not vaccinated with all government-recommended
vaccines, you may suffer harsh consequences in the future including being
refused: daycare, health insurance, employ-ment, right to travel, school
entry, child tax deductions, drivers license and hospital admittance. Some
parents have already been punished for making independent health care choices
including carefully weighing the safety and effectiveness of the ten different
vaccines the government now recommends and deciding to protect their children
from certain vaccines they consider either unsafe or unnecessary.
"Immunization Registries" have already been set up by the state governments
in more than half of the states and will be linked together to form a national
"vaccination tracking registry". The plan will require you and your child
to be automatically enrolled in this computerized, electronic, government
"immunization registry". Some parents have already been charged with child
abuse or neglect by government officials for refusing to vaccinate with
all government required vaccines. Their children have been excluded from
daycare, elementary schools, and colleges. Others have had their children
denied health insurance by HMOs.
The national "Immunization Registry" will make it even easier for government
officials to punish those who make independent health care decisions for
themselves and their families. The NVIC (National Vaccine Information Center)
through their newsletters and other mailings have detailed the growth of
this threat to family privacy and children's health since legislation originally
proposed by the Clinton Administration.
Politicians
on both sides of the aisle generally do not understand how their actions
on this issue can endanger the health and the lives of the little children
they are supposed to represent. In fact, when the Clinton Administration
made the original announcement about its plan for a nationwide government
vaccination tracking system in early 1993, Health Secretary Donna Shalala
said: "This in an attempt to immunize every preschool child, not just poor
children".
A prominent Republican Senator stated: "We should target limited resources
to areas where we can do more good, namely improving vaccine delivery."
Among most politicians, there isn't any serious opposition. Meanwhile,
the vaccine industry has continued to lead doctors, teachers, parents,
health officials, politicians, and the general public to believe that mandatory
vaccinations are the only way to fight dangerous illnesses. Sadly, many
public officials still know very little about the growing number of concerned
parents, enlightened physicians, and other citizens who believe that mandatory
mass vaccination programs are the wrong answer to America's public health
concerns.
In the city of Cincinnati, Ohio, in 1993, an outbreak of pertussis (whooping
cough) had infected approx. 80% of the children already immunized with
the DPT (Diphtheria, Pertussis and Tetanus) vaccine. So what good is the
DPT vaccine to begin with?
Dr.Harold Buttran, M.D.; of Quakertown, Pennsylvania in a well footnoted
letter published by the TOWNSEND LETTER FOR DOCTORS AND PATIENTS, noted
the rise by 46% of Asthma between 1977 and 1991 and the rise in ear, sinus,
and throat infections, unknown to earlier generations not vaccinated.
Sweden banned the use of the pertusis vaccine in 1979 and although it
did experience a slight rise in the illness following this, it quickly
leveled off and to date Sweden has the 2nd lowest infant mortality rate
in the world. The US ranks a low 20th in comparison.
In Japan, children are never given the pertusis vaccine before the age
of 2 years. There it is believed a child's immune and neurological system,
which develop most rapidly during the first 2 years, are vulnerable to
synthetic vaccines. Many Japanese physicians want the child to develop
natural immunities, giving opportunity to observe any underlying problems
the child may have naturally without vaccine induced reactions and diseases.
Since 1975 when Japan instituted the "no pertusis before age 2" policy,
Japan has had the lowest infant mortality rate in the world.SID's (sudden
infant death) and spinal meningitis among infants also declined during
this time.
To date in the U.S. children are given 16 immunizations by the time
they reach two years old. Many will be repeated after two years. Young
adults whose immunizations drop can be subject to the illness at an older
age unless re-immunized, unlike the immunization protection for a lifetime
many get naturally from having the disease.
Parents knowledgeable about the vaccines given to their children can
ask the right questions and take precautions against any reactions that
might occur.
If you are immunizing:
1. Have full information on the vaccination's side effects
2. Know how to identity a vaccine reaction
3. Know how to report a vaccine reaction
4. Know the vaccine manufacturer's name and lot number (available from
the physician administering the vaccine)
To reduce the risk of a reaction to a vaccine it is wise to postpone an
immunization if:
1. Your child is currently ill.
2. Your child has had a previous bad reaction to a vaccination.
3. Your child has a personal or family history concerning vaccine reactions,
convulsions, neurological disorders, severe allergies, or immune system
disorders.
Privacy, choice, and informed consent are at the heart of the health care
systemin our country, even when it comes to vaccines.
Mary May is the founder of "Just Like Home Daycare" located
in Sunland, Ca. Barbara Loe Fisher is the co-founder and President of NVIC,
The National Vaccine Information Center, located in Vienna, Virginia. This
article was first published in "The Latest"
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption.
Vaccine
Legal Exemptions E-Book Comprehensive, authoritative information
about vaccine legal exemptions you can trust, written by a licensed attorney!
Critical details for Parents (natural and adoptive), College Students,
Immigrants, Employees, Employers, Military Personnel, Healthcare Professionals,
Public and Private Agencies, Public and Private School Personnel, Attorneys--anyone
in the United States concerned with vaccine legal exemptions.
Vaccine Lawyers
Alan Phillips specializes
in vaccine legal exemptions.
or call 919-960-5172 P.O. Box 3473, Chapel Hill, NC 27515-3473
This website lists other
lawyers, law firms, and other organizations dedicated to supporting individuals
who a) were damaged by vaccines and are seeking compensation through the
Vaccine Injury Compensation Program, b) are being harassed by vaccine authorities,
or c) are seeking assistance regarding their religious right to avoid immunizations.
NOTE: The below section may be outdated.
It is recmmended that you seek the advice of a qualified
laywer for accurate and updated information.
The United States government takes the vaccine campaign very seriously.
Parents who make an informed choice about vaccines for their children must
contend with compulsory vaccine laws. Conscientious objection to these
laws is not handled liberally by the courts. In 1905 the Supreme Court
ruled that an individual could not refuse the smallpox vaccine on constitutional
grounds of infringement on personal liberty. The court found that an individual’s
personal liberty must give way to the state’s protection of other citizens’
health (Jacobson v. Massachusetts, 197 US 11, 25; 1905).
Since that time, various state courts have ruled that compulsory immunization
statutes cannot be stricken down on constitutional grounds. Every state
has a compulsory vaccination law, though the specific requirements for
individual vaccines vary from state to state. This means that parents or
legal guardians who decide not to give the vaccines will need to seek a
legal exemption from vaccines. These come in three varieties: medical,
religious, and philosophical. Not all states have philosophical exemptions,
so parents in those states must seek either a religious or medical exemption.
Usually the issue of a child’s unvaccinated status will arise upon registration
for school or day care. Schools require an immunization record, and parents
must have proof that their child has been vaccinated, signed by a health
care provider. Schools become involved in the vaccination campaign because
state and local governments receive federal funding for immunization programs.
The federal Public Health Service Act, 42 U.S.C. § 262 requires that
participating governments must have a "... plan to assure that children
begin and complete their immunizations on schedule ..." and "a plan to
systematically immunize susceptible children at school entry through vigorous
enforcement of school immunization laws" (42 C.F.R. § 5lb.204). Specific
exemption clauses are included within each state’s immunization law. When
the exemption is accepted by the school or the health department, the issue
is resolved. If a request for exemption is denied, then parents may appeal
that decision. Parents who continue to have difficulty with school and
governmental authorities may need to seek legal counsel.
Many attorneys and individuals are working to ensure freedom of choice
in the area of child vaccination. One organization in particular, Dissatisfied
Parents Together (DPT), has been instrumental in the passage of legislation
that protects children and their parents (see Appendix B: Resources). If
a parent makes the choice to avoid a required vaccine, then support for
that decision is available.
Options for Legal Exemption from Vaccines
Use the philosophical belief exemption, if available in your state. Nineteen states provide the option of personal or philosophical belief
exemptions. This means that parents need not justify their preference for
avoiding vaccines except to say that they are philosophically opposed to
their children receiving them. Parents residing in states that provide
a philosophical exemption must sign a form or write a letter that says
immunization is contrary to their beliefs. Some states provide a waiver
statement on the school district immunization record forms included with
registration materials. Other states require a written statement from the
parents. Parents need only request the immunization exemption form at their
school district office when enrolling their child in school, or present
the school district a simple letter.
Find a doctor willing to write a medical exemption.
Develop a personal legal case for religious exemption, with the help
of an attorney.
Parents seeking a religious exemption need to submit a letter to the
school stating their desire for a waiver of vaccines based on their religious
belief. The wording of such a letter is important, and should conform to
the wording of the statute governing exemptions. It should also state the
parents’ sincere beliefs, related in such a way that they can be interpreted
by the court as religious. The wording of the immunization law can be obtained
from the state health-department’s immunization office.
Parents seeking such an exemption should contact an attorney who specializes
in immunization law. They must construct a solid legal case based on their
individual situation, their state law, and their own beliefs. Since religious
belief can be interpreted broadly, a wide range of personal beliefs and
philosophies will qualify parents for a religious exemption. The case that
is constructed in the letter must conform to the legal arguments that will
be used in litigation if the school and state government authorities reject
the parents’ petition for exemption. A well-constructed case and an attorney’s
arguments will usually prevent litigation. The small cost of involving
an attorney early in this process will help prevent the major expense of
going to court later.
Alternative Vaccines Conventional vaccines prepared by modern vaccine manufacturers represent
only one form of disease-specific prevention. Vaccines and preventive medicines
are also available to parents in homeopathic form. There is a long history
within homeopathic medicine of attempting
to prevent specific diseases, especially during epidemics.
The medicines used in homeopathic form consist of two classes. One class
includes those substances obtained from the natural world of plants, minerals,
and animal products. The second class, called nosodes, includes substances
derived from disease products, tissue samples, mucus, pus from discharges,
or pure cultures of microorganisms. Nosodes correspond
to the specific diseases associated with the individual bacteria or virus,
or the infectious material sample taken from a patient. Both of these classes
have been used to prevent disease. Examples of this include Lathyrus sativa
(a plant) for polio and Pertussin (a preparation of the bacteria Bordetella
pertussis) for whooping cough.
More about Alternative Vaccines
Legal Issues Raised by the Growing International
Movement Away From Mass Mandatory Immunization
"There is no evidence whatsoever of the ability of vaccines to prevent
any diseases. To the contrary, there is a great wealth of evidence that
they cause serious side effects." Viera Scheibner, Ph.D., retired senior
researcher for the Australian government and author of Vaccination:
100 Years of Orthodox Research shows that Vaccination represents a Medical
Assault on the Immune System, following analysis of more than 30,000
pages of the medical literature on vaccinations
"BE IT THEREFORE RESOLVED: That AAPS calls for a moratorium on vaccine
mandates and for physicians to insist upon truly informed consent for the
use of vaccines." Resolution to Congress by unanimous vote of the Association
of American Physicians and Surgeons at its 57th annual convention
in St. Louis, October, 2000.
There is a growing international movement away from mass mandatory immunization,
in response to a growing body of evidence suggesting that vaccines may
be of little true benefit yet the cause of widespread injury and a substantial
number of deaths. The evidence has fueled a highly emotional controversy.
This paper introduces some of the legal issues raised by this controversy
in the U.S., with a focus on legal exemptions.
I. Background
Vaccines are licensed by the FDA. The Advisory Committee on Immunization
Practices (ACIP), whose members are appointed by the CDC, makes recommendations
concerning the addition of vaccines to the Childhood Immunization Schedule,
which are generally enacted into law by state legislatures (or public health
departments where such power has been delegated by the state legislature).
Currently, 36 vaccinations are recommended by age five, and CDC plans include
many additional requirements not only for early childhood, but also for
older people, ranging from teenage vaccination for STDs and AIDS to adult
revaccination for childhood infectious diseases. With over 200 vaccines
under development, some 100 of which are already in clinical trials, and
with every man, woman and child in the world a potential recipient of vaccinations
periodically throughout their lives, the vaccine market is, in a word,
gargantuan. The tension between the powerful financial incentives and the
growing faction of people who believe that current vaccine policies and
trends cause more harm than good is a highly emotional one that has contributed
to the emergence of a wide spectrum of legal issues.
II. Exemptions and Exceptions to Vaccination Requirements
The Supreme Court first addressed vaccine mandates in Jacobson v.
Massachussetts, 197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643 (1905). Jacobson
challenged the constitutionality of Massachusetts’ vaccination requirement;
he had suffered a severe adverse reaction to a previous vaccine and so
refused revaccination, despite a local outbreak. The Supreme Court answered:
"While we do not decide and cannot decide that vaccination is a preventive
of smallpox, we take judicial notice of the fact that this is the common
belief of the people of the State, and with this fact as a foundation we
hold that the statute in question is a health law, enacted in a reasonable
and proper exercise of the police power." History has, of course, repeatedly
shown us that widely held beliefs can be wrong. That a common belief of
the people (which today may be greatly influenced by those who control
the media) may alone form the basis for a "reasonable and proper exercise
of the [state’s] police power" is a chilling thought, for despite common
beliefs, a compelling case can be made that vaccines offer little benefit
and cause substantial harm. A narrower reading of Jacobson is that
states are not constitutionally required to provide vaccine medical exemptions
during an outbreak. Today, all 50 states do provide statutory medical
exemptions, 48 provide religious exemptions, and some 19 or so have philosophical
exemptions. A brief introduction to each of these follows.
Licensed physicians must sign a certificate indicating a medical contraindication
to the vaccine(s) from which they determine a patient should be exempted.
Medical exemptions have some limitations, including the following:
For a person to qualify for a medial exemption, the person’s prior adverse
reaction must fall within specific parameters designated within a vaccine
injury chart. Such charts specify eligible reactions and time frames within
which the reaction must have occurred. However, documented vaccine neurological
and immunological damage manifests in a wide range of symptoms, many of
which fall outside of vaccine-injury chart specifications.
Medical exemptions may be temporary, applicable only as long as a specific
contraindication exists.
Medical exemptions may apply only to the vaccine(s) believed to have caused
a severe reaction. However, determining which vaccine caused a reaction
may be a difficult proposition. Many ingredients common to multiple vaccines
(stabilizers, enhancers, preservatives) are toxic; vaccines are often administered
in combinations (how do you determine which one, or combination, caused
the event?); and there is virtually no research on the specific mechanisms
of vaccine damage. Furthermore, different vaccines have been associated
with the same injuries; e.g., autism is known to have resulted from DPT,
MMR, Hep B and Hep A vaccines. Eliminating one suspect vaccine is thus
itself a suspect process that may or may not prevent future damage from
other vaccines.
In North Carolina, the Commission for Health Services has adopted rules
for medical contraindications for required immunizations. A licensed physician
may issue a medical exemption if one of these contraindications is met,
for as long as the contraindication persists. The statutes do provide some
flexibility: "The State Health Director may, upon request by a physician
licensed to practice medicine in this State, grant a medical exemption
to a required immunization for a contraindication not on the list adopted
by the Commission."
All states but Mississippi and West Virginia have religious exemption
statutes. These vary from state to state, ranging from North Carolina’s
liberally worded statute, "[i]f the bona fide religious beliefs of an adult
or the parent, guardian or person in loco parentis of a child are contrary
to the immunization requirements contained in this Part, the adult or the
child shall be exempt from the requirements," to more restrictive statutes
such as that of Texas, which requires "an affidavit…stating that the immunization
conflicts with the tenets and practice of a recognized church or religious
denomination of which the applicant is an adherent or member…" New York
had a similar law struck down in federal district court; it was held to
violate the First Amendment’s establishment and free exercise clauses for
excluding legitimate religious beliefs of people who are not members of
a recognized church or religious denomination.
Religious exemptees are subject to limitations in the event of a local
outbreak. Section 232.032 (1995)(4)(a) of the Florida Statutes is a typical
example: "Those children identified as not being immunized against the
disease for which the emergency has been declared shall be temporarily
excluded from school by the district school board, or the governing authority,
until such time as is specified by the county public health unit director
or administrator." Such laws are not necessarily rational. For one thing,
if vaccinations work, then vaccinated children have nothing to fear from
being exposed to unvaccinated children. Also, since most diseases today
occur in vaccinated children; it may actually be that vaccinated children
pose more of a threat to unvaccinated children than the other way around.
A parent once reported to me that her unvaccinated child contracted a disease
at daycare from a vaccinated child; the unvaccinated child had a milder
illness and recovered more quickly.
2) New York Case Law:
A series of federal court cases in New York have set a precedent that
is being following by courts around the country (there do not appear to
be federal court cases in other jurisdictions). Allanson v. Clinton
Central School District, No. CV 84-174, slip op. at 5 (N.D.N.Y. May
10, 1984), held that New York "must offer the exemption to all persons
who sincerely hold religious beliefs," overriding the statutory requirement
of membership in a recognized religion. Sherr and Levy vs. Northport
East-Northport Union Free School District, 672 F. Supp. 81, 89 (E.D.N.Y.,
1987), held that New York had violated the plaintiff’s civil rights by
denying their claim to a religious exemption, and awarded money damages.
The court also took the unprecedented step of directing the state to modify
the law to make it constitutional. In Fishkin v. Yonkers Public Schools,
710 F. Supp. 506 (S.D.N.Y. 1989), the plaintiffs’ claim to a religious
exemption was based on their lifestyle change following an experience of
religious prayer and worship with members of the Navajo and Hopi tribes;
the exemption was upheld. Berg v. Glen Cove City School District,
853 F. Supp. 651 (E.D.N.Y. 1994) suggests that membership in a conventional
religion not opposed to vaccination need not preclude one from claiming
a religious exemption; the court upheld a Jewish couple’s religious exemption
claim.
The courts have not rubber-stamped every religious exemption claim that
has come their way. In Mason v. General Brown Cent. School Dist.,
851 F.2d 47 (2d Cir. 1988), the court noted that religious exemption claims
citing "medical or purely moral considerations," "scientific and secular
theories," or "philosophical and personal" beliefs are not sufficient.
In Galinsky v. Board of Education of New York, 213 F.3d 626 (2d
Cir. 2000), the Court of Appeals affirmed the District Court’s finding
that the plaintiffs claim for a religious exemption was motivated by their
personal fears for their daughters’ well being, and not by religious beliefs.
Some have criticized religious exemptions as giving parents the freedom
to impose unnecessary harm upon their children and society. However, states
with religious and philosophical exemptions have neither lower overall
vaccination rates nor higher disease rates than other states, so the concerns
as applied to vaccine exemptions, at least, are not substantiated. Such
criticisms also overlook the lack of evidence supporting the assumption
that vaccines provide a net benefit to society.
C. Philosophical Exemptions/Conscientious Objection
Philosophical or personal exemptions enable citizens to refuse immunizations
for themselves or their children without resort to religious or medical
justification. Again, statutes vary from state to state. Washington state
has (probably uniquely) a ‘pick and choose’ statute: "Any child shall be
exempt in whole or in part [emphasis added] from the immunization
measures required…upon the presentation of…[a] written certification…that
the signator has either a philosophical or personal objection to the immunization
of the child." Ohio also has a liberally worded statute: "A pupil who presents
a written statement of the pupil’s parent or guardian in which the parent
or guardian objects to the immunization for good cause, including religious
convictions, is not required to be immunized." Such statutes implicitly
recognize (or at least one may so infer) that the government’s "one size
fits all" approach to vaccination may have legitimate limitations.
D. General Exemption Issues
Local school and health officials are often unaware of or misinformed about
exemption requirements, and seldom offer information about them to parents
unsolicited.
As a practical matter, proper claim to a legal exemption may not prevent
a school from refusing admission to an unvaccinated child. If parents are
forced to seek remedy in the courts, the child may have outgrown the daycare
or school before the matter is judicially resolved.
Some parents inadvertently get themselves into legal trouble. They
learn about possible adverse events, and choose an alternative vaccine
schedule, not realizing that their schedule is not supported by state law
until they are challenged by local authorities.III. Other Vaccine Legal
Issues
The range of vaccine legal issues is vast. Some of these include:
Grassroots lobbying efforts:
For enactment of religious and philosophical exemptions;
To block mandatory vaccine registries designed to require state tracking
of all residents’ vaccination status to facilitate higher compliance by
"encouraging" (or perhaps as some fear, "coercing") non-vaccinees to vaccinate;
Class action suits following widespread damage from vaccine campaigns:
England: 1500 families whose children suffered injury or death following
an MMR campaign a few years ago are currently involved in litigation;
U.S.: 400 US families (so far) with children who developed autism following
immunizations are currently organizing such a suit;
Custody issues, where divorcing parents have opposing positions on vaccination;
parents with an alternative vaccine position may loose custody;
Cases of "Shaken Baby Syndrome"
where the medical evidence implicates vaccines as the cause of internal
injuries—some experts believe that some parents and caretakers are being
mistakenly convicted of child abuse when in fact vaccines are to blame;
Third world citizens and children are the unwitting subjects of vaccine
experimentation which in some documented instances has had deleterious
effects;
Contamination of vaccines, such as flu vaccines recently recalled by the
U.K. Department of Heath after it was discovered that the vaccines contained
material from British cattle potentially contaminated with mad cow disease;
Military personnel are increasingly refusing the
anthrax vaccine, believing it is responsible for Gulf War Syndrome
(there is scientific evidence to support this); Exemptions for the military,
immigrants, and international travelers: these exist, but exercising them
can be problematic, especially since information about them can be difficult
to find.
Disclaimer: Any information
obtained here is not to be construed as medical or legal advice. The decision
to vaccinate or not vaccinate is yours alone.
Home:
ShirleysWellnessCafe.com (aka: MyWellnessHouse.com) is a free educational
site site dedicated to help promote holistic health for you, your family,
and your animals.
Viera Scheibner, PhD
- "Many infants who suffer the so-called
'shaken baby syndrome' may be victims of undiagnosed vaccine
damage. Ever since mass vaccination of infants began, reports of serious
brain, cardiovascular, metabolic and other injuries started filling pages
of medical journals." In fact, pertussis vaccine has been used to induce
encephalomyelitis, which is characterized by brain swelling and hemorrhaging" Watch
the Dr. Gary Null's Vaccine-Nation Video
Documentary Film
GET THE FACTS BEFORE YOU
MAKE THE VACCINE DECISION. THIS
DVD IS VOTED #1 BY PARENTS ACROSS THE COUNTRY!
FREE
webinar series on vaccines provided by medical doctors via the
Medical
Voices Vaccine Information Center, an organization that brings
awareness of vaccine issues to the forefront via medical doctors.
Were
Tainted Vaccines a Conspiracy to Provoke a Pandemic? Czech newspapers
are questioning whether the shocking discovery of vaccines contaminated
with the deadly avian flu virus H5N1 distributed to 18
countries by the American company Baxter -- were part of a conspiracy to
provoke a pandemic. more...
Harold
E. Buttram, MD - Current childhood vaccine programs: An overview
with emphasis on the Measles-Mumps-Rubella (MMR) vaccine and of its compromising
of the mucosal immune system (PDF
file)
Vaccine
Legal Exemptions E-Book Comprehensive,
authoritative information about vaccine legal exemptions you can trust,
written by a licensed attorney! Critical details for Parents (natural and
adoptive), College Students, Immigrants, Employees, Employers, Military
Personnel, Healthcare Professionals, Public and Private Agencies, Public
and Private School Personnel, Attorneys--anyone in the United States concerned
with vaccine legal exemptions.
Vaccine
Lawyers Lists lawyers, law firms, and other organizations
dedicated to supporting individuals who a) were damaged by vaccines and
are seeking compensation through the Vaccine Injury Compensation Program,
b) are being harassed by vaccine authorities, or c) are seeking assistance
regarding their religious right to avoid immunizations.
Vaccination
Risk Awareness Network VRAN is a Canadian-based,
not-for-profit educational society, founded by parents whose children have
suffered vaccine reactions and injuries.
The
Terror of Pediatric Medicine is a free downloadable e-book from
IMVA Publications. The e-book covers in-depth the vaccine controversy,
pediatric dentistry, oncology as well as childhood psychiatry and psychology.
Shirley was once a victim
of the never-ending flow of propaganda from the medical establishment who
wants to maintain a monopoly on the word "cure" and who wants us to believe
that we have no control over our own health and that our only hope to get
"well" is with drugs, surgery and radiation. You can read an account
of Shirley's
journey into health without drugs, surgery or radiation.
Le
vaccin contre l’hépatite B - Les
vaccins contenant de l’aluminium peuvent non seulement provoquer des
réactions locales au site d’injection, mais aussi des symptômes
généraux durables, comme de la fatigue, de la fièvre,
des douleurs musculaires et articulaires. Cet ensemble de symptômes
constitue une nouvelle maladie, la myofasciite à macrophages, qui
a été mise en évidence pour la première fois
en 1993. Les symptômes qui l’accompagnent ressemblent étrangement
à ceux du syndrome de fatigue chronique et à ceux du syndrome
de la Guerre du Golfe. Ce que vous
ignorez peut vous faire du mal. encore
Vaccine
Adverse Event Reporting System In recent years, the annual
number of reports to the Vaccine Adverse Event Reporting System (VAERS)
has exceeded the total number of reports of routine childhood vaccine-preventable
disease!
more
Do you think Vaccinations
are mandatory? Think again! Exemptions
are easy to obtain in most states. Learn
more...
Do
you have a question or need guidance? Patricia Wilson volunteers
her time to provide guidance and support in your quest to find relevant
information. She can be reached at 281 581 2424 or 206-222-1619
(USA) If you prefer you can
or click here to contact Shirley
If
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
Dr Kalokerinos MD-
"Doctors and nurses vaccinate babies without a thought that what they are
doing might be highly dangerous and abusive yet neither they nor anyone
else is willing to take responsibility if something terrible happens. My
final conclusion after forty years or more in medicine is that the unofficial
policy of the World Health Organization and the Save the Children's Fund
is one of murder and genocide."
AN
EPIDEMIC OF GENOCIDE by Dr. Rebecca Carley, M.D.- Inoculations
causing VIDS (Vaccine Induced Diseases)
Vaccine
Reaction Register The Vaccine Reaction Register (VRR) has
been set up to allow parent, relatives and victims of vaccine injuries
record details of their own reactions to vaccination! Why? So we can try
to identify trends and patterns of which vaccines are causing what side
effects with the aim being able to draw valid statistics from the data
gained and preventing vaccine injury in the future.
GENOCIDE
BY VACCINES - A GLOBAL STRATEGYInnoculations
- The True Weapons Of Mass Destruction Causing VIDS (Vaccine Induced Diseases)
An Epidemic Of Genocide By Rebecca Carley, M.D.
Pharmaceutical
Terrorism and The Medical Insanity of Vaccines
Dr.
Douglass M.D - "How do we turn the tide and get them to close down
the tide of terrorism that flows out, like terrible storm, out of health
clinics and pediatrician offices around the world. "Can you imagine the
economic and political import of discovering that immunizations are killing
thousands of babies?"
Government
Enforced Vaccinations: Vaccination
Tracking Registry Government programs that
limit your choices -and your rights- in health care when it comes to mandatory
vaccination. Legal Issues Raised by the Growing International Movement
Away From Mass Mandatory Immunization
Avoiding
vaccines To avoid all vaccines, you will need to take a religious
exemption
The
European Forum for Vaccine Vigilance is a coalition of groups and persons
in Europe that wish to inform the general public, the politicians, and
the press about vaccination adverse effects
T h e
D R U G S T O R Y A Factological History of
AMERICA'S $10,000,000,000 DRUG CARTEL — ITS METHODS, OPERATIONS,
HIDDEN OWNER-SHIP, PROFITS AND TERRIFIC IMPACT ON THE HEALTH OF THE AMERICAN
PEOPLE.
The Truth
About the Drug Companies : How They Deceive Us and What to Do About It
"The medical establishment works closely with the drug multinationals whose
main objective is profits, and whose worst nightmare would be an epidemic
of good health. Lots of drugs MUST be sold. In order to achieve this, anything
goes: lies, fraud, and kickbacks. Doctors are the principal salespeople
of the drug companies. " Guylaine Lanctot, M.D.
Raising
Public Awareness Most modern maladies are
caused by prolonged exposure to a combination of negative lifestyles and
toxic environmental factors, including junk food and malnutrition, pesticides,
antibiotics, microwaves, chemical pollution of food, water and air, lack
of exercise and chronic stress. These factors are further aggravated by
the failure of modern medicine to recognize them as agents of dis-"ease"
and death and the consequent failure to take preventative measures against
them. more
A
growing number of holistic doctors, pediatricians and veterinarians use
transfer
factors as an alternative to, or in conjunction with conventional
medicine for their acute and chronic cases, including cancer and other
serious health conditions, with excellent outcome.
Dr. Rob Robertson, MD
- "There is no other product in a nutritional substance, nor a drug, that
has this kind of power and ability to affect our immune system. With the
increase of killer viruses, mutated germs, super-resistant germs, and food
contaminations, our only hope and defense, must lie within our own immune
system." Transfer factors and the immune sytem
Dr.
Howard Peiper MD "Our immune systems are under attack from toxic substances
that are everywhere - in the air we breathe, the food we eat, and the water
we drink. Serious disease doesn't just happen. The accumulation of toxins
compromises our immune system and wears the body down leaving us vulnerable
to all sorts of maladies. The body has an amazing ability to recover from
illness and restore itself if we give it the tools to work with." learn
more...
Dr. Jerry Tennant, M.D.
says
that marine phytoplankton contains almost everything
one needs to sustain life and to restore health by providing the raw materials
to make new cells that function normally. These nutrients improve mental
function, and memory. They reduce depression, harmful effects of stress,
and mood swings. Profound Life-Giving Properties
of Marine Phytoplankton
Videos: Prescription
for Disaster in-depth investigation into the relationships between
the pharmaceutical industry, the FDA, lobbyists, lawmakers, medical schools,
and researchers, and the impact this has on consumers and their health
care.
Health
and Wellness Video
library(whistleblower doctors)
‘We
Become Silent" A
documentary about the threat to medical freedom of choice. The Last
Days of Health Freedom' details the ongoing attempts by multinational
pharmaceutical interests and giant food companies — in concert with the
WTO, the WHO and others — to limit the public’s access to herbs, vitamins
and other therapies. Watch
the video online
The
National Health Federation is an international consumer education,
health-freedom organization working to protect individuals' rights to
choose to consume healthy food, take supplements, and use alternative therapies
without government restrictions.
Home-base
Income opportunity Share with others nature's
gifts that assists us on our journey to optimal health and wellness.
Vaccine
Legal Exemptions E-Book Comprehensive, authoritative information
about vaccine legal exemptions you can trust, written by a licensed attorney!
Critical details for Parents (natural and adoptive), College Students,
Immigrants, Employees, Employers, Military Personnel, Healthcare Professionals,
Public and Private Agencies, Public and Private School Personnel, Attorneys--anyone
in the United States concerned with vaccine legal exemptions.
Vaccine
Lawyers This section lists lawyers, law firms, and
other organizations dedicated to supporting individuals who a) were damaged
by vaccines and are seeking compensation through the Vaccine Injury Compensation
Program, b) are being harassed by vaccine authorities, or c) are seeking
assistance regarding their religious right to avoid immunizations.
Vaccine Lawyers
Lists lawyers, law firms, and other organizations dedicated to supporting
individuals who a) were damaged by vaccines and are seeking compensation
through the Vaccine Injury Compensation Program, b) are being harassed
by vaccine authorities, or c) are seeking assistance regarding their religious
right to avoid immunizations
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
James Filenbaum
2 Executive Blvd, #201-P
Suffern, NY 10901
914-357-0020
The Rutherford Institute
P.O. Box 7482
Charlottesville, Va. 22906
804-978-3888
"Parents or legal guardians who decide not to give the vaccines will
need to seek a legal exemption from vaccines. These come in three varieties:
medical, religious, and philosophical. Not all states have philosophical
exemptions, so parents in those states must seek either a religious or
medical exemption"
This is a copy of a letter from a lawyer to an immunization nurse, regarding
a religious exemption from vaccinations for his North Carolina clients'
children. This letter was accepted by health officials for a religious
exemption in two different North Carolina counties.
As an ordained minister, Alan Phillips Director of Citizens
for Healthcare Freedom, can provide ministerial support to people needing
religious exemptions from vaccines. email
Alan
US Attorney James R. Filenbaum recently reported that the right to claim
an exemption from immunizations for school age and college students has
been expanded.
Into every compulsory immunization law in America are written legal
exceptions and waivers which are there specifically to protect you from
the attempted tyranny of officialdom.
"It's none of the government's business," said Phyllis Schlafly, a conservative
activist who is marshalling opposition to the registries through her Eagle
Forum. "I don't think they should have control of our medical records,"
she said. "They're trying to control us. Do we live in communist China
or free America? I thought medical care was a personal matter . . ."
The United States Department of Human Health and Human Services announced
proposed child care regulations that would make vaccinations mandatory
to children receiving welfare.
The International Advocates for Health Freedom is a catalytic entity
designed to foster networking between health freedom activists world wide
in order to foster opposition to the elements of coercion: the UN's International
Council of Drug Regulating Authorities, and all regulating bodies falling
under its auspices including the FDA, TGA, HPB, MCA, MCC etc.
All States have a Medical Exemption. In addition, all States have a
Religious Exemption except Mississipi and West Virginia, although many
Religious Exemptions are written broadly.
Vaccination Liberation is a national association dedicated
to providing information on vaccinations not often made available to the
public so that one can make an informed choice. Mission Statement:
To reveal the myth that vaccines are safe and effective
To preserve our right to abstain
To repeal all compulsory vaccination laws nationwide
To expand our awareness of alternatives in healthcare
Optimal Prostate Health and
Prevention Measure to prostate enlargement.
Prostate Cancer: a drugless
approach
Homeopathic approach to impotence,
bladder infections, prostate problems etc.
The Male Andropause (like menopause)
Male Herbs for Impotence
Peter R. Breggin,
M.D - "The drugging of children has gotten
so out of hand that America is waking up to this. This is a national catastrophe."
more
Julian Whitaker M.D -
"Class
action lawsuits have been filed in Texas, California and New Jersey charging
Swiss pharmaceutical giant Novartis, maker of Ritalin,
with conspiracy to create the psychiatric disorder known as ADHD in order
to fuel the market for their product." more...
The
Latest Magazine This article was first published in "The Latest" magazine,
which is freely distributed to selected newstands and subscribed to by
mail throughout Southern California, Forida and other parts of the US.
Phone: 1- 800- 6-LATEST or 1-800-652-8378 or 909- 584-7510 - FAX: 909-584
2610- Email: latest@bigbear.net