Author: Tim Bolen

SB 277 Lawsuit – Preliminary Injunction Hearing Date – August 12th, 2016

Opinion by Consumer Advocate Tim Bolen  

SB277 Court Docs

What is a Preliminary Injunction Hearing?

The whole purpose of the lawsuit against SB 277 is to stop it, and its spin-off activities, from being activated.

A Motion for Preliminary Injunction is a request to the Court for an Injunction before we begin arguing the lawsuit.  There will be an actual Court Hearing for this August 12th, 2016, 1:30PM  in Courtroom 13A, Federal Court Building, San Diego, CA. (shown in the photo above).

What is an Injunction?

According to the Cornell School of Law it is:

An injunction is a court order requiring a person to do or cease doing a specific action. Temporary restraining orders and preliminary injunctions are temporary injunctions. They are issued early in a lawsuit to maintain the status quo by preventing a defendant from becoming insolvent or to stop the defendant from continuing his or her allegedly harmful actions. Choosing whether to grant temporary injunctive relief is a discretionary power of the court. Permanent injunctions are issued as a final judgment in a case. Failure to comply with an injunction may result in being held in contempt of court.

Getting an injunction is NOT an easy process.  A US Supreme Court Decision called “Winter vs Natural Resources Defense Council” set the four-factor preliminary injunction standards that are being used today in Federal Courts.

What the court will want to be convinced of is that for the Plaintiffs:

(1)  there is a likelihood of irreparable harm with no adequate remedy at law;

(2)  the balance of harm favors the movant;

(3)  there is a likelihood of success on the merits of the case;

(4)  the public interest favors the granting of the injunction. Continue reading SB 277 Lawsuit – Preliminary Injunction Hearing Date – August 12th, 2016

SB 277 Lawsuit – Claims for Relief (The Nitty-Gritty)…

Opinion by Consumer Advocate Tim Bolen  

SB277 Court Docs

Down to the Nitty-Gritty of the SB 277 Lawsuit…

Yes, this is a lot to read.  But, here, after laying out the situation for the Court, comes the details of exactly what laws the people responsible for SB 277’s passing, and implementation, broke.  Yes, the language is strong and forceful, for it has to be.

What you are about to read is the essence of America – the expression, in language our forefathers would have used, to state what we, as Americans expect.  The attorneys who wrote these words pulled no punches.  They told it like it is.

We are on the march…

Below, is from the lawsuit First Amended Complaint document:

First Claim for Relief Against All Defendants (Violation of Freedom of Religion, Assembly, Parental Rights, 42 U.S.C. § 1983)

136. Plaintiffs incorporate by reference the foregoing paragraphs of this Complaint as though fully set forth herein.

137. Defendants deprived and continue to deprive Plaintiffs of their right to Free Exercise of religion, as secured by the First Amendment and made applicable to the states by the Fourteenth Amendment, by discriminating against Plaintiffs and their children because of the Plaintiffs’ religiously-motivated conduct in making exemption claims, including declining certain vaccines derived from or containing ingredients to which Plaintiffs object, including aborted fetal cells.

138. Defendants are also depriving Plaintiffs and their children of the right to freedom of assembly by depriving children of the right to attend secular or religious private schools of their choosing and by requiring that both public and private schools deny admission and education to children with PBEs.

139. Additionally, Defendants are infringing Plaintiffs’ rights to control the upbringing and education of their minor children according to the religion, system of values, and moral norms they deem appropriate and their rights to the care, custody, education of and association with their children.

140. Defendants are enforcing SB 277 under color of State law and are depriving and will continue to deprive Plaintiffs of numerous hybrid rights secured by the Fourteenth Amendment of the United States Constitution in violation of 42 U.S.C. § 1983. Continue reading SB 277 Lawsuit – Claims for Relief (The Nitty-Gritty)…

SB 277 First Amended Complaint “General Allegations…”

Examining the Details…  
SB277 Court Docs

Opinion by Consumer Advocate Tim Bolen

I make no secret of the fact that I VERY MUCH  like the writing and construction of this lawsuit, both as a legal tool, and as a clear concise, explanation of the issues that we, the people of Planet Earth, face in regards to mandatory vaccine programs.

I know there is a lot of reading that needs to be done to comprehend the magnitude of the problem we face, but..

It’s all right here.  Just read it a piece at a time.

The “General Allegations”…

I am going to break this section of the First Amended Complaint in to sub-sections to make it easier to comprehend where the legal arguments are going.  Yes, there is a lot here to read, but it all makes sense, especially if you break it up into those sections.  So, let’s do that…

General:

(41)  Amid media-created hype and irrational panic over the Disneyland measles outbreak, SB 277 was rushed through the Legislature and signed into law in the course of four short months, bypassing key legislative committees and precluding careful and thoughtful analysis of whether SB 277 was warranted or whether it could coexist with the robust legal framework that exists to protect California’s schoolchildren from marginalization and discrimination.

(42)  Without any factual basis, children with PBEs were saddled with all of the blame for the outbreak, resulting in prejudice and intolerance against them that was so pervasive and so severe as to result in legislation to exile them from schools and daycares. Thus, for the first time in its history, California created a new category of “second-class citizens,” who would forever be barred from its schools in contravention of the United States and California Constitutions, numerous state and federal laws, and decades of California and federal jurisprudence that forbid SB 277’s draconian result.

(43)  California’s children have a fundamental right to attend school and participate in society, free from discrimination and marginalization. Children with disabilities have the right to attend school with their non-disabled peers and not be relegated to learning in isolation. Parents have the right to direct the upbringing of their children in accordance with their deeply-held convictions and their religious beliefs. SB 277 totally and fatally conflicts with these and other fundamental rights and liberties guaranteed to Plaintiffs and their children and to thousands of families who are suffering the aftermath of SB 277. Plaintiffs, therefore, seek a declaration that SB 277 is unconstitutional under both the United States and California Constitutions and a preliminary and permanent injunction preventing Defendants from enforcing SB 277. Continue reading SB 277 First Amended Complaint “General Allegations…”

SB 277 – First Amended Complaint For Declaratory, Injunctive And Other Relief…

Keeping Our Healthy Children in School…

By Consumer Advocate Tim Bolen 

SB277 Court Docs

The Starting Point…

On July 1st, 2016 a lawsuit was filed in a San Diego Federal Court asking the court to declare infamous California Senate Bill 277 unconstitutional, and prevent its enforcement.  It was an excellent read.  Its filing compared, in war terms, to the June 6th, 1944 “D-Day” Invasion of Normandy.  The “good guys” were on the beach beginning the counterattack against the forces of evil.

The news traveled across Planet Earth like a soothing spring rain.

Then, yesterday and today, July 14th and 15th, 2016, new filings are appearing starting with what is called, simply enough, a “- FIRST AMENDED COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF.”  And, although I liked the first filing VERY MUCH, and said so.

I like these legal filings even more.

Before I show them to you, and explain, in simple terms, what is actually going on there are TWO important points I need to make.  They are::

(1)  This whole event, these legal actions, and all of the investigations and sorting of material leading to all of this legal action is the work of a giant, secret, army who managed to work quietly, and unobtrusively, gathering and sorting, making new alliances, for the express purposes surrounding the issues so carefully, and powerfully, explained in the legal papers.  Look around.  There they are.  There YOU are…  

Here WE are…  The doors are open.  Come and play.

(2)  So MUCH is happening with this First Amended Complaint that I am going to break the explanation of it all into separate parts – so, after this article, there is MUCH MORE good stuff coming.  You WILL love this….

What’s New and Different?

Continue reading SB 277 – First Amended Complaint For Declaratory, Injunctive And Other Relief…