SB 277 Lawsuit – The State Responds…

The State of California just brought a Knife to a Gun Fight…

Opinion by Consumer Advocate Tim Bolen  

I have, right here in front of me, the State of California’s 112 page official response to the SB 277 lawsuit, opposing a Preliminary Injunction August 12th, 2016.  It looks as if it was written by that goofball (a child can take 10,000 vaccines at once) Paul Offit MD.

The second paragraph of the State’s “Introduction” says it all.  You are going to love what they did.

I’ll explain below.

I sit here with excitement, like, I think, the Russian battle commanders must have felt watching the beginning of “The Charge of the Light Brigade” coming their way, so well portrayed by Alfred Lord Tennyson in 1854.  The Light Brigade was armed with sabers (knives) and they attacked a position armed with cannon and rifles..

From Wikipedia:

The Charge of the Light Brigade was a charge of British light cavalry led by Lord Cardigan against Russian forces during the Battle of Balaclava on 25 October 1854, in the Crimean War. Lord Raglan, overall commander of the British forces, had intended to send the Light Brigade to pursue and harry a retreating Russian artillery battery, a task well-suited to light cavalry. However, due to miscommunication in the chain of command, the Light Brigade was instead sent on a frontal assault against a different artillery battery, one well-prepared with excellent fields of defensive fire.

Half a league, half a league,
    Half a league onward,
All in the valley of Death
    Rode the six hundred.
“Forward, the Light Brigade!
“Charge for the guns!” he said:
Into the valley of Death
    Rode the six hundred.

Cannon to right of them,
Cannon to left of them,
Cannon in front of them
    Volley’d and thunder’d;
Storm’d at with shot and shell,
Boldly they rode and well,
Into the jaws of Death,
Into the mouth of Hell
    Rode the six hundred.

Flash’d all their sabres bare,
Flash’d as they turn’d in air,
Sabring the gunners there,
Charging an army, while
    All the world wonder’d:
Plunged in the battery-smoke
Right thro’ the line they broke;
Cossack and Russian
Reel’d from the sabre stroke
    Shatter’d and sunder’d.
Then they rode back, but not
    Not the six hundred.

That second paragraph…

“Moreover, an injunction against the enforcement of the statute in this case would immediately expose millions of California school children and other at-risk individuals to an increased threat of contracting potentially fatal communicable diseases.”

Really?   (Insert RUDE laughter here)…

Talk about desperation.  That argument takes the cake.

According to the patented fool that wrote that statement above, all un-vaccinated, or partially vaccinated, children are some sort of carrier of all of the world’s major diseases, and that to expose fully vaccinated children to them “would immediately expose millions of California school children and other at-risk individuals to an increased threat of contracting potentially fatal communicable diseases.”

It’s hard to belly-laugh and type at the same time.

Let’s Put that Assinine Statement into Perspective…

Let’s start with some simple facts:

(1)  There are 49 other States that do not have such a stupid law.  Their children are all perfectly healthy.

(2)  There are 196 countries on 7 continents on Planet Earth – NONE of which have enacted such a vaccine-company-suck-up law.

(3)  NO California adults have all of these Made-in-China-toxin-tubes injected into them, and those adults are VERY MUCH in contact with vaccinated children.  And ALL of those adults are healthy.

(4)  California has ten-of-millions of visitors per year – NONE of which are involved with such a stupid vaccine schedule.  They come in contact with children.

(5)  Vaccinated children come in contact with birds, dogs, cats, bugs, and fish – NONE of which are vaccinated like them.

(6)  NO STUDIES have ever been done comparing vaccinated and un-vaccinated children.  Why?  Un-vaccinated children are OBVIOUSLY much more healthy.

Want to buy a bridge?

Un-vaccinated are a threat to vaccinated?  These people are trying to sell the Brooklyn Bridge again.  This is going to be fun.

Further down, in the response, they use the fake “Disneyland” incident as their proof.

They think this Judge, and the Plaintiffs and their attorneys,  are all stupid.

And, it gets better…

What, or Whom, are they relying on for this Nonsense?

It really is hard to type when I’m laughing.

In short, all of the State’s argument is centered around the vaccine position of one group, and its influence – the much vaunted American Academy of Pediatrics (AAP). They treat this group, in their writings, as though they were the “Word of God.”  In reality they are something much different  – a zero credibility paid mouthpiece for the vaccine industry.  In an earlier article I wrote:

“Their organization, calling itself the American Academy of Pediatrics (AAP), is totally, and virtually ONLY focused on vaccine promotion.  In 2010 the AAP took in $110,079,859.00 in total income.  Their thirty-three (33) sub-chapters, together, took in a total of $16,109,174.00.  All together they amassed $126,189,033.00 in total 2010 income.  More on this in a minute.

But, go ahead and guess where all that money came from…”

An appropriate use for American Academy of Pediatrics “Vaccine Studies…?”

With this case we get to publicly humiliate them.  i think we need to point out that every study the AAP has EVER published needs to be thrown in the trash with the dog droppings.

Or better yet, those studies could be printed up and used to line the bottom of bird cages, or to house train young pets.

Finally, There’s an Even Better Target than Santa Barbara Health Department’s Charity Dean…

His name is Robert Schechter MD.  He is a Board Certified Pediatrician, a Fellow of the American Academy of Pediatrics, and he has been Chief of the Clinical and Policy Support Section of California Department of Health (CDPH)’s Immunization Branch since 2003.

They are trotting out the resident vaccine flak.  Good.  Schechter supposedly wrote the Declaration accompanying the State’s Response.  You are going to love it.  Why?  It is a compendium of all the nonsense and bullshit we look at every day from the vaccine hoaxers.

More, it is easily destroyed.  It, obviously was not written by an MD.  it was written by an attorney, probably sent in by a vaccine manufacturer, and Bobbie Schechter, like the good little State CDPH stooge he is supposed to be, signed it, probably without even reading it.

You can read Schecter’s Declaration in its entirety by clicking here..  Scroll down near the bottom.

Schechter is a big deal in  the controversial California Immunization Coalition.  See this.

I’ll be commenting, soon, on all of the rest of the sections in the response, but for now, let me paraphrase:

“Blah blah, blah, blah, blah, blahblah blah, blahblaghblagh, blah, blah, blahblah, blah, blah, blah, blah, blah, blahblah blah, blahblaghblagh, blah, blah, blahblah, blah, blah, blah, blah, blah, blahblah blah, blahblaghblagh, blah, blah, blahblah, bibbety blah…”

I was not impressed…

Stay tuned….

Opinion by Consumer Advocate Tim Bolen



21 thoughts on “SB 277 Lawsuit – The State Responds…”

  1. so where do go from here, to the Supreme court?.. and do we have reasonable belief that it will go better for us there?

  2. They started to use that b.s. excuse about how horrid the unvaccinated children are and that they will spread disease…….blah, blah, blah, however, they don’t want the REAL FACTS to come out and be known that the children who are getting vaccinated are the ones CARRYING the very viruses that they are getting shots for and are IN FACT THE CARRIERS!!!! Parents are catching the garbage from their well vaccinated children and go read the signs in the hospitals that explain that vaccinated persons CANNOT visit the immune compromised patients because they are SHEDDING the viruses!!!!

  3. Next step is the Plaintiff’s written Response to the Defendant’s written Response. It will appear about five days before the formal hearing on August 12th, 2016. Then the Judge, at the actual hearing in the Courthouse, makes a Decision, as in Yes, No, Maybe…

  4. All declarations are written by the attorneys (I work at a law firm). Question above: where does it go from here- Supreme Court; the hearing has not been held yet- August 12!!!
    RE: the argument about being late… What IF ??? The parent just found out? Further, the REPLY most spell out the violations to religious beliefs as to ingredients!! I would like to love to fill the courtroom on August 12!!

  5. It seems to me, that if the vaccines work ( which I doubt) that the vaccinated have nothing to fear from the unvaccinated. If they do, then the vaccines do not work and it is all a scam. So why vaccinate anyone?

  6. I had fun reading this. Thank you! Is their any book you can recommend about indoctrination of american public? I was born and lived in Soviet Union till I was 43. And guess what public never believed anything Government ever said! That is why so many were executed (including my grandfather) and tortured (including my father). We were like here late Gorge Carlin (my hero). We in US going to be in big trouble if Hitlary take over! Please, please remember US IS REPUBLIC! Every individual decision is a right of that individual.

  7. just wondering if the state has ever documented the “at risk” individuals they claim might be injured by the possibility of a disease exposure, and how the state is protecting those individuals from a cold or other potential exposures, for example, exposure to recently vaccinated with live viruses.

  8. Mr. Bolen,
    You are my hero! I have been enraged by these worthless politicians and prostitute doctors, not to mention Jerry Brown who seems he has sold out to the NWO.
    When I saw what you were doing I wept because you attacked back. Now, that’s a real man to me. All I did was collect signatures to put it on the ballot & somehow our signatures were misplaced. That was so discouraging. I just want you to know how much your time and efforts mean.
    Thank you so very much!

  9. “Immediately expose millions of California school children”???
    Well the law just took effect so how come it hasn’t already exposed them thus far?

  10. Just like with every oppressive influence there comes a time when a point of over-saturation is reached to tip over the vessel of patience and spill the anger of the righteous men with resolve to end the madness by revolt.
    This time is now!

  11. All it takes for sb277 to prevail is for the majority to remain silent. Then they can use the argument the ‘a stubborn minority fueled by conspiracy zeal are undermining the rights of protection of the vast majority’. No matter the truth or details of that assertion, it still ‘sounds’ democratic. I want to know what the groundswell of parent opinion is. Do the majority really want this??

  12. “(1) There are 49 other States that do not have such a stupid law. Their children are all perfectly healthy.” Not really a fact as we have more chronic illness with these kids than ever, resulting from the vaccinology belief system. The unvaccinated are far more healthy from an all case morbidity, mortality standpoint.

  13. I wasn’t surprised at the twisting of facts presented in this response. These are my thoughts on the SB277 portion of the lawsuit:

    1) “For measles, which is highly contagious, the level of immunity in a population necessary to halt transmission is estimated to be between 92 – 94%. When taking into account all categories of unimmunized children, the rate of receipt of all required immunizations reported for kindergarten entrants for the 2015-2016 school year was 92.9%”

    RESPONSE: Currently, there is no tracking of individual antigen status for students with Personal Beliefs Exemptions, so that percentage is inaccurate and is actually higher. “Therefore, individual antigen immunization coverage may be underestimated; anecdotal evidence suggests that a small percentage of students may have some but not all required immunizations.” The recent tracking by the CDPH for 2015-2016 shows that the combined rate of Vaccinated and Conditional Entrants (who will be getting vaccines) for all California students is at 97.2%, exceeding the level for “herd immunity”. There is no pathogenic crisis or herd immunity issue that warranted the implementation of Police Power and SB277.

    2) “If a preliminary injunction is granted, children and other members of the public who rely on herd immunity will be left vulnerable and subject to infection by potentially fatal and preventable diseases. It is these children and the public in general, not Plaintiffs, who will be irreparably harmed by the issuance of a preliminary injunction.”

    RESPONSE: SB277 will take over 6 years to fully implement, with very few of the current unvaccinated students with PBE’s even affected and allowed to continue attending school. Those that will be irreparably harmed will be the few thousand students who will not be able to attend a classroom based instruction, be forced into a homeschooling program that is not in their best interest, thereby putting their education behind those of their peers. The injunction is asking for AB2109 to continue, so the claim that children and the public in general will be irreparably harmed by a preliminary injunction is nonsense.

    3) “In holding that “education is a fundamental interest,” the California Supreme Court has applied strict scrutiny review to laws affecting the right to education…the State must demonstrate that the law “is ‘tailored’ narrowly to serve legitimate objectives and that it has selected the ‘less drastic means’ for effectuating its objectives.”

    RESPONSE: AB2109 was the state law that was “narrowly tailored” and thereby fulfilled the State’s compelling interest. It proved effective in drastically reducing PBE’s in the 2 years that it has been in effect. In fact, SB277 was introduced after a successful 20% reduction in PBE’s with AB2109. With SB277, the State of California implemented Police Powers for mandatory immunization in an unwarranted manner that is the “most drastic means” for effectuating its objectives.

    4) “Moreover, the enactment of SB 277 was a reasoned response to escalating numbers of unvaccinated children and further outbreaks of dangerous communicable diseases.”

    RESPONSE: As noted above, this statement is false: There is no escalating numbers of unvaccinated children. AB2109 proved to have reduced the number of unvaccinated children. Implementation of SB277 will take more than 6 years, so there was no urgency or crisis to rewrite AB2109, which was the “least drastic means” for effectuating immunization objectives.

  14. Hello. I am still a confused about the PBEs in California. I have two children, 4 and 6 years old going into TK and 1st grade this coming school year (2016-2017) starting on 8-16-2016.
    I filed PBEs (authorized by their doctor) for both children in June 2015. I did not file PBEs in 2016 because the schools did not request them again. Based on these facts, will my PBEs, which were filed in California before 2016, remain valid for the 2016-2017 school year and in later years? Or, will I be forced to vaccinate them? Any helpful advise will be greatly appreciated. Thank you so much.

  15. Martha, my understanding is that the PBE you filed for your 1st grader is valid until he/she reaches the next grade span (7th). The PBE for your child entering TK is no longer valid, because he/she is leaving pre-school and entering a new grade span (TK/K). We are in a similar situation, and thus checking these litigation updates daily (Thank you Mr. Bolen!). Best wishes to you.

  16. Has anyone addressed the fact that many of these diseases have not been “deadly” in a long time. You know, since sanitation and hygiene have improved….with the exception of the filthy practice of vaccination still ongoing that is. For the small percentage of the population that they might be “deadly” and I mean tiny percentage, let’s find a way to treat their symptoms, not continue poisoning them and everyone else and spreading the diseases (which have had a chance to mutate in the production process and get more virulent, fierce). Common sense has been thrown by the wayside on this issue and it’s freakin’ ridiculous that many people refuse to even consider the issue anymore. “The vaccine issue is closed, has been for years.” Hahahaha, since when is science closed, or over or done or decided? Mr. Bolen, thanks for what you have done and continue to do on this issue. I had just about given up hope that we could still save ourselves. Keep up the good work and sir, please stay safe…people have a history of bad luck when they go to bat on this issue. It’s despicable what the situation has become.

  17. I hope that the attorneys behind this lawsuit are also aware of the flaws in the State’s response to the Medical Exemption Pilot Project:

    1) “There is no violation of Section 120440, because the statute permits State Defendants to maintain access to a student’s medical exemption information for the purposes of protecting that child and the public from the spread of communicable diseases.”

    RESPONSE: The statute does NOT give blanket permission for Public Health Depts to maintain access to a student’s medical exemption, or identifiable information in it such as a doctor’s name, as was requested by the Public Health Depts named in this lawsuit. The access can only occur during a health emergency or in the case of a reportable disease. They referenced Cal. Health & Saf. Code, § 120440(e)(4), which gives very specific instances in which a Public Health Dept may access that information even with a “refuse to permit recordsharing” form on file:

    Section 100325 – special investigation of sources of morbidity & mortality
    Section 120140 – during a contagious, etc. disease, health officers can take possession of a person’s body
    Section 120175 – during a contagious, etc. disease, health officers shall take measures to prevent the spread of the disease
    Title 17 2500 – lists the reportable diseases in which a student’s PII may be given to Health Dept
    Title 17 2643.20 – lists HIV as a reportable disease in which a student’s PII may be given

    2) “The IPA “generally imposes limitations on the right of governmental agencies to disclose personal information about an individual. However, the IPA expressly provides that “[a]n agency shall not disclose any personal information in a matter that would link the information disclosed to the individual to whom it pertains unless the information is disclosed . . . [t]o a governmental entity when required by state or federal law.””

    RESPONSE: There are no state or federal laws requiring a Public Health Dept to ROUTINELY request the name of the doctor providing medical exemptions or the specific reason for a medical exemption. Furthermore, Cal. Civ. Code, § 1798.24(i) specifically directs schools to comply with FERPA, which directs them not to routinely disclose any direct or indirect identifiers in a student’s record: “Pursuant to a determination by the agency that maintains information (i.e. schools) that COMPELLING circumstances exist that affect the health or safety of an individual, if upon the disclosure notification is transmitted to the individual to whom the information pertains at his or her last known address. Disclosure shall not be made if it is in conflict with other state or federal laws.”

    3) As this response shows, Public Health Depts have setup school districts for FERPA violations, then washed their hands legally. Furthermore, they cannot require an educational institution to provide them with de-identified medical exemptions. Per 34 CFR 99.31(d), an educational institution is permitted but NOT REQUIRED to disclose education records without consent.

    4) Entities releasing data (i.e. schools) are responsible for de-identification strategies that minimize the risk of disclosing PII. “Simple removal of direct identifiers from the data to be released DOES NOT constitute adequate de-identification.”

  18. Those who need to be included on the list of Health Care Martyrs are the thousands of Chiropractors who are and have been on the side of getting the truth about health care in America to as many people as they could reach for well over 100 years, many of whom were jailed, including Dr. and Mrs. Scott of California, over vaccines and personal exemption law many years ago and other trumped up charges against them. Chiropractors continue with financial, community and scientific support and definitely deserve acknowledgment for that support in this effort to upend the establishment sickcare system and its control by Big Pharma.

  19. Effective July 1, 2016, SB 277 will bar children from attending any public and private school unless proof is provided that the child has received multiple doses of vaccines for ten enumerated childhood diseases.

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