CA bill swiftly passes, eliminating medical exemptions for vaccination

Hundreds of alarmed but impassioned parents gathered at the California State Capitol on September 9th, 2019, in what turned out to be a momentous day of civil rights in America. The bills scheduled for the hearing were SB 276 and its trailer bill SB 714, which was created to alleviate Governor Newsom’s concerns about 276. The legislation called for the elimination of nearly all medical exemptions for school and daycare vaccinations.

Diminished Democracy

Parents, families, medical professionals, and other concerned citizens packed the halls, stairwells, and balconies of the Capitol building. After the public was barred from attending the Assembly hearing, they began pounding on the walls across two floors, yelling, “Protect our babies,” and “We will not comply,” among other chants.

The chambers were shut down due to the deafening noise. The hearing was postponed and moved. The California Highway Patrol gave warnings that if they didn’t disperse, there would be arrests. Some protestors were arrested. All the while, thousands across the world viewed these events live on social media.

To say that it was an unprecedented day in the history of civil rights in the United States is an understatement. With such a public outcry from the people, surely their concerns would be heard and the bill given a fair hearing.

Shockingly, 276 and 714  swept through both the Senate and Assembly, with nearly all Democrats in favor, and signed by Governor Gavin Newsom as soon as they hit his desk. In an unheard-of flurry to get the bills passed before any fair discussion could take place, a democratic process that should take days happened in a matter of hours.

But SB 276 wasn’t the beginning, nor is it the end.

The Erosion Of Medical Freedom In California

The bills that were to become law that day were authored by Senator Richard Pan, a physician who received over $152,000 in campaign contributions from the pharmaceutical industry. Bills 276 and 714 followed his previous 2015 vaccine bill, SB 277, which removed the right to use personal belief and religious vaccine exemptions for children attending daycare, public, and private schools.

Under pressure and in a desperate effort to alleviate concerns from fellow legislators and Governor Jerry Brown, Pan assured the public that under 277, medical exemptions would remain intact and be left to the discretion of a physician. That is if a child’s physician considered vaccinations to be harmful to the family based on a number of conditions. Referring to a family’s medical history, he had a right to give an indisputable medical exemption.

Despite public outcry, SB 277 passed. Parents with vaccine-injured children or who had reasonable concerns their child could be harmed by vaccination were left with no alternative but to seek out medical exemptions. As a result, medical exemptions submitted for school and daycare entry increased.

In a determined effort to seal off the only remaining options for families that couldn’t vaccinate their children for school, Pan wrote SB 276 to eliminate all medical exemptions given without state approval. Only those awarded under extremely narrow circumstances would be valid.

However, the law doesn’t end with only the loss of medical autonomy.

Vaccinate Under A Watchful Eye

In addition to removing the right to obtain medical exemptions, this law seeks to:

  • Give the sole power to grant medical exemptions to a state official who isn’t necessarily a physician and hasn’t ever seen the child.
  • Restrict medical exemptions only to children that fall into the Center for Disease Control’s (CDC) scant guidelines.
  • Invalidate current medical exemptions.
  • Establish and maintain a database to track all medical exemptions.
  • Investigate any physician that has written five or more medical exemptions in one year.
  • Explore any school with less than a 95 percent vaccination rate.
  • Look into any school that doesn’t report vaccination rates.

Under the late-addition trailer bill, SB 714, current medical exemptions will be grandfathered in, but subject to re-approval at grade checkpoints (kindergarten and 7th grade). Re-approvals are solely based upon the restrictive list of vaccination contraindications previously established by the CDC, the Advisory Committee on Immunization Practices (ACIP), and the American Academy of Pediatrics (AAP).

It’s estimated that 99 percent of all children with medical exemptions would be barred from school when the new criteria go into effect.

The Contradiction Of Vaccine Laws To Protect Public Health

Pan touted that eliminating personal belief exemptions was detrimental for protecting the medically fragile who cannot be vaccinated. Then, who exactly is being protected when the medically fragile no longer have access to medical exemptions and are forced to be vaccinated?

They were selling SB 277 originally on the idea of herd immunity,” says Del Bigtree, founder of the Informed Consent Action Network (ICAN), a non-profit that’s won lawsuits against the National Institute of Health, Health and Human Services, and the Food and Drug Administration.

That we’re going to protect that immuno-suppressed child that cannot vaccinate. And so they passed a law that takes away every parent’s right that wants their kid in a public or private school in California. They can’t go to school unless they … acquiesce to a forced vaccination program. … Now, he comes back with SB 276. Now we want to investigate any doctor that writes a medical exemption for that immune-suppressed group. The very group that Senator Pan told us that he was trying to protect.

The CDC’s list of contraindications and precautions confirms that vaccines carry serious and potentially fatal risks for some people. Furthermore, the vaccine manufacturers (shielded from all liability as a vaccine court funded by taxes pays vaccine injury victims, with over $4.2 billion paid out to date) report serious and life-threatening reactions — even death — in the package inserts.

Nonetheless, under SB 276, the only contraindications that qualify for a medical exemption are anaphylaxis, encephalopathy, anaphylactic allergies to egg or yeast, severe immunodeficiency (cancer, organ transplant) and intussusception (rotavirus vaccine only).

Adverse Effects Of Choosing Vaccination

The known vaccine reactions, according to the manufacturers’ inserts, that won’t qualify for a medical exemption under SB 276 are:

  • Acute disseminated encephalomyelitis
  • Angioneurotic edema
  • Apnea
  • Ataxia
  • Bacterial skin and tissue infections
  • Brachial neuritis
  • Blood clots in the limbs
  • Cellulitis
  • Chronic tinnitus
  • Cyanosis
  • Difficulty swallowing
  • Encephalitis
  • Eczema
  • Fever over 105 degrees Fahrenheit
  • Gillian-Barre syndrome
  • Hair loss
  • Henoch-Schonlein purpura
  • Hypotonia
  • Hypotonic, unresponsive episodes
  • Inflammatory bowel disease
  • Kawasaki disease
  • Limb paralysis
  • Moderate to severe allergic reactions
  • Nerve deafness in the ear
  • Onset or exacerbation of multiple sclerosis
  • Optic nerve inflammation
  • Pancreatitis
  • Panniculitis
  • Pneumonia
  • Pneumonitis
  • Rheumatoid arthritis
  • Seizures
  • Severe eye inflammation
  • Severe nerve paralysis
  • Spinal cord inflammation
  • Stevens-Johnson syndrome
  • Stroke
  • Subacute sclerosing panencephalitis
  • Swelling of injected limb and joints
  • Systemic Lupus Erythematosus
  • Tachycardia or palpitations
  • Thrombocytopenia purpura
  • Thyroiditis
  • Tremors
  • Vasovagal syncope
  • Vertigo
  • Wheezing or asthma attacks

Therefore, if your child experiences or is at risk of experiencing any of the above reactions following vaccination, you’re out of luck. School or daycare is no longer your right in California.

A Chilling New Precedent For Lawmaking And Medical Care

Whether we’re right or wrong, the public is supposed to be heard from. This is a government for the people by the people,” adds Del Bigtree, “If these laws are good for the public, what’s the rush?”

However, the people didn’t have any influence when these laws were passed. This might be due to the fact that the pharmaceutical lobby is, by far, the biggest and most powerful, topping all lobbying industries with over $281 million in 2018. Many are concerned that the passage of SB 276 cements the idea that corporate money is more important than the well-being of people.

These laws establish a precedent in which public policy, under a mere pretext to protect public health, is deemed as sufficient reason to infringe upon the freedom, liberties, and rights of an individual. It is a dangerous precedent for our government to affirmatively mandate any specific behavior,” says David Reischer, Esq., attorney & CEO of LegalAdvice.

Even more disquieting are the precedents set for medical care. SB 276 has now legally established the transferring of all medical exemption authority from doctors to the state and maintaining a vaccination database to track the records of all Californians. This digital surveillance will allow the government to legally subject doctors and schools to investigation and harassment.

Del Bigtree adds:

A great doctor that has been studying your family and knows what works … that person has no power in this decision. Only someone who’s never met your child [and who] works for the government. That’s the end of medicine … Now medicine is stepping up and saying, ‘Don’t give me the option, take away my power, please. Take away my understanding. Forget my education. Forget what I know about this family, I’d rather have a bureaucrat making my decisions for me.”

Besides removing fundamental human rights, the law under SB 276 establishes some new disturbing precedents:

  • Elimination of medical privacy.
  • Government tracking and monitoring.
  • The right to investigate physicians for having their own medical opinion.
  • The right to investigate schools for non-compliance.
  • The public discrimination of medically-fragile children.

This is a bigger issue,” states Elaine Shtein, vice-chair of Concerned Parents of California, a non-profit advocating for personal liberties and protection from government overreach. “A freedom issue. Of body autonomy. Of how much power does the government have to tell us and mandate what goes in our bodies and our children’s bodies. Where is it going to stop? … Where does it end?”

Illuminating Light In The Darkness

Over the days and nights following the accelerated passages of SB 276 and SB 714, further protesting and a candlelight vigil took place at the Capitol.

Several hundred photos of babies and children injured or killed by vaccination lined the steps and hung across the front of the Capitol. Many whose medical exemptions will no longer be legal. Baby coffins topped with flower bouquets rested at the top of the steps to represent those that perished after routine vaccination.

The sun had set, and it was dark. The candlelight reflected off the photos. The light emanated from the memory of these victims while the building’s hallways still echoed from days before. 

Protect our babies. We will not comply.

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