California kids strike back with federal SB 277 lawsuit

jumping kids

One year from the day that California’s SB 277 was signed into law by Governor Brown, a dream team of lawyers from across the United States has filed a federal lawsuit against the State of California’s Department of Education and Department of Health for depriving its residents of their constitutional right to an education.

Approximately 2.5% of California school-aged children use a personal belief exemption to opt out of vaccinations that violate their parents’ religious or deeply-held beliefs, or are deemed unnecessary or potentially harmful by their parents and health care providers. The children of the lawsuit’s plaintiffs have been partially vaccinated or show antibody titers that qualify as proof of immunity to disease, and yet they are among the tens of thousands of healthy, disease-free children whose right to an education will be violated when school starts in the last few days of August.

In a beautifully written memo in support of their request for a temporary restraining order and injunction against the state, lawyers argue that SB 277 violates the fundamental rights to education, free exercise of religion, bodily integrity, and equal protection under the law.

45 years ago in a famous case named Serrano vs. Priest, the California court minced no words when it stated that the right to an education is “perhaps the most important function of state and local governments.”  That is because an education is crucial for later financial success, it is important for building social relationships, it continues on for 13 years of a child’s life, and it impacts a child’s psychological and emotional well-being.

Education is so important that school attendance is required by law.

While some parents are able to make the sacrifices necessary to home school their children, home schooling is not possible for the overwhelming majority of families. This includes families that rely on two incomes to make ends meet, single parent households, those who do not speak English, and parents who don’t feel capable enough to teach their children themselves. This means that the impact SB 277 has on poorer families will be felt the greatest.

In addition, since the drafters of SB 277 were repeatedly warned, they knew that they would run into trouble with the Individuals with Disabilities Education Act for barring children with learning disabilities who have an Individualized Education Program (IEP) in place. They exempted these children from the law toward the end of the legislative process but they did not exempt children with disabilities who are not learning-disabled– although they are protected under 504 plans or custom health plans with their schools. It is these children who are not being protected equally as children with IEPs, which violates both federal and state laws that protect children with disabilities.

And lastly, implementing SB 277 has already grown into a monster ordeal. The Santa Barbara Health Department has taken it upon itself to start investigating medical exemptions without being given the authority to do so, and some schools are attempting to coerce children with IEPs to comply with the vaccination schedule or be barred from school.

The simple fact is that SB 277 was never needed since more than 95% of California school children were already fully vaccinated. If you believe in the theory of herd immunity, it is more than met at those levels.

If the temporary restraining order against the state is granted it means that children will be allowed to attend school in August without complying with SB 277 while the lawyers for both sides hash it out in court over the next year or two.

The suit will be won if the judge or jury agrees that the harm the kids will suffer under SB 277 can’t ever be fixed. If you lose out on your education, there is no fixing that. If you have to pull your kids out of school and go on welfare, there is no fixing that. If you have a vaccine injured child that you’re forced to bring up-to-date and injure them further, there is no fixing that.

More than it being appropriate to file this suit on the day the law goes into effect, more than the symbolism of it being filed one year after the law was signed, it is fitting that this lawsuit was filed on the weekend we Americans celebrate Independence Day. Consider this to be California parents’ own Declaration of Independence from oppression and medical tyranny. It has been a dark year for so many of you in the state of California and it’s about time you are able to hold fast onto a ray of hope.

If you’d like to donate to pushing the federal lawsuit forward with the best legal team imaginable, the link to do so is here.

Stay tuned. I plan on following this one very closely.

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65 thoughts on “California kids strike back with federal SB 277 lawsuit

  1. While we tour preschools for my 3 year old I’m hesitant to enroll her even with a medical exemption just to prove a point and take away attendance/funding. I’m a SAHM and am perfectly capable and willing to homeschool if needed but I should not feel as though I’m forced to do so. Taking away a free public education goes against our future as a nation. I can’t wait to watch this bill burn. It will. I’m confident.

    Liked by 4 people

    1. You may want to consider homeschooling. I never thought I would until we began to question… you can read a book free called “The Deliberate Dumbing Down of America” you’d can google it to find the link.

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      1. Homeschooling has always been on my mind and we are working with a few others to do a preschool co-op. I don’t like common core, I don’t like history being changed in text books, I don’t like what’s being taught in schools period. I need my husband to come around to the idea… My 3 youngest siblings were home schooled. All will graduate college on a full ride at 19.

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      2. Exactly. Kids these days are taught some of the lamest, useless stuff out there. They don’t even teach the Constitution anymore. Ask a kid what that is by 8th grade and they have no idea. A friend and myself in 3rd grade had a contest to see who could write it out on paper (copying word for word) and it was totally supported by the teacher. Try that today, and they’d be kicked out of school. They don’t want kids to know their rights, roots, or to be a true American anymore. That’s why we have all these Gen-X and whatever they are called these days, living off the system, in which Obamacare sealed the deal for a socialistic gov’t. People just don’t care about the roots of this country, nor do they teach real values and skills. Which is why America is no longer #1 in pretty much anything except incarceration. Sad, but true.

        I was really good in Math/Algebra in school (1991 Grad), and recently a friends kid in 3rd grade was asking for help. I showed him how to do it and he said that’s not the way he was taught. I asked him how he was taught and it was the strangest method. I asked to see his math book. They don’t even give out books anymore. WTF is that? And his mom had me go to the store to fill a list of items that the kids needed to bring to school on the first day. 2 boxes of Kleenex, dry erase markers, chalk, hand sanitizer, and a few other items to supply the classroom with. Seriously? What happened to all this magical lottery money to pay for all that and why? I never grew up with sanitizer and did just fine. Brought my own Kleenex because I had allergies, but wasn’t required. To top it off, they had specific name brands they were supposed to buy. I told her, go to the dollar store and buy the cheapest crap you can find. Tax dollars at work. Gotta love it.

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    2. This bill will burn because right is right. Socialism/Fascism has always failed. Just ask anyone paying for books and fees at enrollment time and they’ll all say there’s no free (government) education. Remember the cruel budget cuts that find teachers paying for supplies out of their own pockets and then ask about about free (government) education. Compassionate free market capitalists in a representative republic know there’s no free lunch and no free (government) education. All the government has it took from the citizens.

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      1. No they do not have to be vaccinated to be home schooled they just aren’t able to join the others in a weekly social event which is so very sad… segregating children like that. My daughter now can’t even have her social day once a week now and it breaks my heart. She is amazingly healthy! Just very much allergic to everything 😦 I am dying a little inside because of all this.

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      2. No homeschooled kids don’t have to be vaccinated they just can’t attend the weekly social gatherings with the other homeschooled kids. It is awful. My daughter can’t even play with other kids that are being homeschooled it is segregation. It breaks my heart.

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      3. Blossom Borba you are wrong. Other than not being allowed to enroll in a public school, they have every to be around ANYONE else they come in contact with. Their homeschool activities with or without other kids are not regulated. Sheesh, this is not North Korea or China.

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  2. Amen. We need all the rays of hope we can get here in CA. Continuing to fight for the freedom my 2 grandfathers fought and died for…and I’d die, too, for my children to remain sovereign and free and in full CHOICE of what does or does not go into their bodies. As a 2-time Guillian-Barre Syndrome recoverer after the Td and MMR, I now understand genetic medicine is the future…every body reacts differently and we cannot keep blindly going as we have.

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  3. So, what happens now? (and was awaiting today a strategic or necessary move?).

    Is the intent to garner a restraining order / an immediate “hold” of the implementation of the law? How soon can that happen? i.e. how quickly must the federal court respond to this? Does the federal court have to do anything? (i.e., is this really a big deal? It’s so easy to think that something is so on target, so well put together and powerful – only to learn that the people/system you interact with cares nothing what you say, do, or present).

    Lastly… you plan on following “this one” closely – are there other ones? Is there more going on re: Sb277 legal fight?

    Thank you!!!

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    1. The decision on the TRO, whether to grant it, deny it, or hold a hearing on it, will come very quickly. Most likely next week.

      There is another suit filed in state court in April that focuses mostly on vaccination not equaling immunization, but also touches on education.

      Liked by 2 people

      1. That’s GOT to be a big deal – grant/deny next week. I agree that the second case isn’t cause representative per se, though do think (laypersons semi-educated take) that its tactic seems feasible. It seems the law as drafted/signed used the word “immunization” in place of “vaccination” – which evidently could nullify the entire thing, since immunization is not actually possible.

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      2. The decision on the TRO, whether to grant it, deny it, or hold a hearing on it, will come very quickly. Most likely next week.

        Well, option 1 is out. When were the defendants noticed?

        Liked by 1 person

    2. Martin, it sounds like you need to get active, with this issue. You have a nice way of talking… and, 1 person… if its the right person and right situation, can make all the difference.

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  4. If this lawsuit is successful, will it then be illegal for the other two states, Mississippi and West Virginia, to only have medical exemptions? Why is this lawsuit only on behalf of California if these other two states have had these draconian laws as well?

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    1. Tami,
      It will likely turn on their state Constitutions. California’s Constitution prevents the denial of the right to an education. Those states may or may not have the same state Constitutional protections. There is no federal Constitutional right to an education (hence the reliance on the states). Should be interesting.

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      1. N, there is no federal right to an education, however robust precedent for EQUAL PROTECTION under any law, anywhere in the country does exist. The Bozos in Sacramento failed little test that quite spectacularly.

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  5. I liked when you mentioned some parents can’t homeschool. You know Levi, I hold a degree in Masters of Science (from overseas) So although I don’t lack capacity. I do lack language. Enough nice, well versed, accent free English.
    (Please readers don’t think I’m trying to say you need college education in order of being capable of homeschooling, just mentioned to empathize the counterpart)
    So for instance, some of us need our children to get exposed to daily living American culture because we simple live here, period!. I live in a kids free neighborhood and unfortunately I don’t have local friends nor neighbors and meetup did not work for us. (I should have never mentioned we are no longer vaccinating) I need my autism recovered son to go to school because I need/want him to see other people not only us the parents. Can you imagine paying taxes for school when your healthier son (for the record) can’t attend because a paid liar looser 2 star pediatrician made his way through? I hope this suit sends a nationwide message that we are not fooling around. Because we are NOT fooling around. They better hear us or else…

    Liked by 2 people

  6. as we apply for colleges for our children we are faced with the same issues as parents trying to negotiate the rocky road of pre schools and grade schools. Scholarship offers are great, but only from states that still offer exemptions …

    This is all so totally ridiculous, that an education equals how many vaccines you get … Choosing your education should not be about the vaccines you choose to receive or not, nor your religion, nor your color, nor your sexual preference.

    I believe our government and medical system, and corporations that are truly ruling us, are all bat.shit.crazy …

    Liked by 1 person

  7. This is so good to hear. I do not live in California and my kids do not go to public school but I believe in medical freedom and hope so much to see SB277 put where it belongs in the trash!

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  8. Best news in quite a spell! Lets hope we get a Republican judge (for the record, I despise both parties, but am a former Democrat; Pan/Allen/Brown drove me away for good). An Obama judge just gave the FDA permission to search and inspect an Amish farm (Amos Miller) which sells nothing to the public, based upon even flimsier evidence than Zika. Mass nationwide brainwashing works.

    Liked by 1 person

    1. Oh no. I’ve tasted the food from Amos’s farm & the fresh milk is unbelievable. Like nothing you can buy of the shelf.

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  9. If the other lawsuit about SB277 is strictly about vaccination, they ought to at least be able to knock hep b and tetanus off the list, since kids with hep b can attend school, and tetanus isn’t contagious.

    Liked by 1 person

      1. What do you think about that? When I step back logically, I can see how the law (as drafted/signed) could be deemed invalid. In part, because it places “immunity” as an outcome to be attained – thus measured, thus subject to the acknowledged actuality that “immunity” is not attained through vaccination – so the law could never be enforced, thus invalid. It gets into terms, definitions, interpretations, and more – but the tactic is for a legal “take down” – which really is something those super legal people do ALL the time to make things go away (really substantive allegation/attacks against their clients). Anything that shines line on this lunacy and can involve that third branch of our government should be helpful…yes?

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  10. No, this says that kids with IEP’s are safe but not in my case. Hopefully they fix that part of the story. Thank you.

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    1. Not really following. I wrote that kids with IEPs are supposed to be safe from the law but that schools are already violating that and trying to force them to get up to date on vaccines. Is that different than what you’re saying?

      Liked by 1 person

      1. Oh I’m sorry I understood that kids who have IEP’s are safe but kids with 504 plans are not but should be. I lost the fight at my school with my soon to be 7th grader who has an IEP. Sorry about the misunderstanding. Thank you for the article.

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  11. Any possibility of media coverage…of the fact that this suit has been filed. That SB277 is being challenged in federal court…

    Liked by 2 people

  12. I want to point out im one of those mothers. I have three girls, they are so gifted. Ages ten, eleven and four. My two oldest are reading at advanced high school levels, their math exceeds my knowledge. I am so blessed to have children who are so amazing and smart. They beg to read another thirty minutes each night did i mention they prefer reading over tv. My point being when i have to become their teacher…..im terrified ill slow down their progress. They deserve someone who didnt put her education on hold to raise her children, as a teacher. Im a single mother, ill have to work weekends now and have them cared for. Its tearing my family apart. So thank you dream legal team i am your biggest fan. Please save my childrens education, they deserve to go souch farther then i did, and they have the brains to do it. Thank you.

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    1. My youngest son is gifted in math and music. We homeschool all 4 kids. The local school refused to allow my youngest to skip grades so we pulled him out after 1st grade. He is now 12 and doing high school level work. He is more ready for college than is 19 year old brother (we pulled him out of autism-land, but he is still catching up with expressive language and vocabulary). If we continued with public school and “left it to the experts” he would have become a problem because he would have been bored out of his mind for 5 years straight, not learning a blessed thing in all that time!

      The best thing you can do is to homeschool your kids. You DON”T have to know everything to be their teacher. Just keep giving them more advanced stuff to learn. There is a boatload of resources available to you as a homeschooler. Don’t give up. Your kids are worth it.

      If you need help, just ask and I will tell you what we are doing as well as pointing you towards resources on the internet.

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      1. I am a mom of three. Same situation with my 11 year old. Extremely bright young man. Homeschooling him and not following the traditional method has been the most valuable experience for him yet. Can you please share with me the methods you are using to homeschool your 12 year old. I would really appreciate it.

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  13. Ironic that this article suggests that the less fortunate communites will suffer because they cannot afford in some way to homeschool their children; surveys strongly identify anti-vaxxers as white, priveleged (but not necessarily educated) women.

    What gives you the right to deny science and put my own children and students at risk? How about my right to feel safe as an educator, being forced to work with unvaccinated children and running the risk of bringing something home to my own kids? Or watching disease spread to those who have legitimate reasons not to be vaccinated; should they just stay home? What about their right to an equal education? What about my right to safety and health?

    I’ve given countless anti-vaxxer friends of mine plenty of chances to convince me with solid proof that vaccination has more risks than rewards. Every argument has holes and many are rooted in skepticism, paranoia, and denial of solid science and knowledge. The doctors who are referenced are not only discredited but make money off their anti-vaxx opinions (but no, you think this is some sort of vast conspiracy cover up on the part of scientists, doctors, nurses and millions of other health care providers!)

    I am tired of this. Maybe us public school teachers should strike and refuse to teach under such conditions. Unfortunately not enough of us are priveleged enough, or white enough, or arrogant enough to be part of your belief system. We are certainly too educated.

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    1. Yes immune compromised kids are the ones who should home school. Perfectly fine robust unvaxxed kids shouldn’t be the ones isolated

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    2. Hey!
      I HOPE YOU ARE UP TO DATE in: 1-3 doses of Pneumococcal, 1 or more doses of Meningococcal, 2 doses of Hepatitis A, 3 doses of Hepatitis B, Influenza each year, Tdap every 10 years, Varicella 2 doses, HPV 2 doses.
      This is the current recommended immunizations to adults between 19-59 years old.
      It would be unacceptable to have my neighbors children and acquaintances children to have to share same classroom with you. You will put at risk many many innocent children who attend YOUR classroom every year. YOU will put at risk all the other teacher sharing with YOU at the lounge. Also, the parents who will go to conferences at YOUR class. So I hope and expect you do not put others at risk at the Grocery store either, Fast food and other restaurants either.
      It is YOUR responsabilty as educated CDC follower to get yourself updated on ALL the recommended shots.

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    3. Dear California Teacher,

      With all due respect (sadly, only associated with your chosen profession) – you’re an idiot!

      To contend that a healthy human child devoid of vaccinations could EVER be a threat to another human being is sheer lunacy. Truth is, a recently vaxxed kid can shed the virus and cause a healthy non-vaxxed kid to contract (for example) Chicken Pox, which is a nuisance not a disease. Even so, said nuisance would provide life-long immunity to Chicken Pox for the (still) non-vaxxed child, whereas their vaxxed classmates remain vulnerable, since the shot is at best 70% effective (and requires boosters and the injection of multiple untested toxic ingredients into the bloodstream).

      What “belief system” do YOU ascribe to that thinks it’s okay to subject a child to medical experimentation (vax untested for safety) under the guise of a bogus notion like herd immunity?

      I’ll wait patiently for your reply.

      Liked by 1 person

    4. Well, If you are up to date on your shots then you are safe and sound. But giving personal health care decisions to for profit pharmaceutical corporations will not happen in this country. A few well greased politicians have given in to big pharm lobbyists but NO parent or child will ever let them decide what meds to take and when. If you are a teacher – stand up and teach the constitutional rights of individuals over (corporate) government!

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  14. Thankful for this lawsuit! I am a California Mom, with THREE already vaccine injured sons. Their pediatrician refused to file the very profound injuries, claiming each time was purely coincidence (the same thing millions of parents have been told!). Six years of recovery, 4 years of homeschooling due to segregation and shaming in school (bc I refuse to further the damage).

    Liked by 1 person

  15. U.S. Supreme Court Decision in Plyler v. Doe, 457 U.S. 202 (1982)
    “Writing for the majority, Justice William Brennan concluded: “We cannot ignore the significant social costs borne by our Nation when select groups are denied the means to absorb the values and skills upon which our social order rests.”

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      1. Hi Boris, long time no troll.

        That’s an idiosyncratic definition of ‘trolling’ (and if I’ve commented here before, I don’t recall it), but it’s neither here nor there.

        You can find the case on Pacer on Tuesday under the plaintiff name Ana Whitlow.

        So, Southern District. And the complaint has already been circulated, so there’s no reason to be cagey about it. The 1000 Does are really the icing on the cake (competing with WAPF and ANH as “plaintiffs”). But more to the point, this is Serrano II or, um… “bust” seems to emphatic.

        Who’s funding it?

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  16. I am wondering if anyone knows how this would effect the University of California’s new resolution that was just passed in June 2016 to take away medical freedom from students and parents with “Forced Mandatory Vaccinations” to attend University of California schools?

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  17. I have a very smart 5 year old son that will not be starting kindergarten this year. I refuse to give him Hepatitis B after all my research I won’t stick a needle in my 5 year old because the government says so. A 5 year old doesn’t have a risk factors for a sexually transfered disease or iv drug use, so it makes no sense to deny kindergarten education unless they plan to do some blood transfusions in class with contaminated blood. I hope this lawsuit wins the government needs to get out of Our health care.

    Liked by 1 person

  18. Someone advised me to refuse to sign the certificate of live birth at the hospital to avoid having my child owned by the government and thereby escaping mandatory vaccinations for my child. Does anyone know if it’s against the law to refuse to sign the certificate of live birth?

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    1. Levi, I think the link you provided to donate is for a different lawsuit. From what I understand there are two lawsuits against SB 277 and the link is to the first lawsuit filed, not the one filed on July 1, 2016. Would you double check? Thanks. Leslie

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      1. The link to the Our Kids Our Choice on Go Fund Me is the federal lawsuit filed July 1. The Revolt Restore lawsuit was a state court suit filed many months ago and I have not linked to that one. Thanks for checking, Leslie.

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