Date: Wed, 2 Aug 2000 20:43:26 -0700
How to Legally Avoid School Vaccinations and Immunizations
How to Legally Avoid School Immunizations
There are many serious health risks associated with any
immunization, especially those given to infants and young children.
These dangers are well documented at numerous other web sites of which
one of the best is the National Vaccine Information Center.
The purpose of this site is to identify what the law actually
requires regarding school immunizations.
Some states require that parents belong to a religion that has a
written tenet opposing vaccination (several state high courts have found
this requirement unconstitutional). Some 16 states provide for
philosophical or "personal belief" exemption, but most parents are
unaware of these exemptions and fewer than 1 percent in most states
exercise them.
Protect your child. Invest in knowledge.
Vaccine related injuries have been know for decades, but not
told to the general public by the medical profession. Crippling injuries
due to live polio vaccinations are well documented in lawsuits.
This tiny girl, Mariam Fadayel was critically injured due to
a polio vaccination given in 1997. Federal guidelines have required
doctors disclose the potential risks of vaccines to parents but parents
Victor and Amal Fadayel of Daly City, California, said they never got
any warning.
A settlement from the National Vaccine Injury Compensation
Program will pay Mariam Fadayel $1 million now and $350,000 annually for
the rest of her life. The money is expected to help offset Mariam's
soaring medical bills and 24-hour nursing, which cost about $3 million
in the first two years of her life....
Photo and details by the San Jose Mercury News
In 1986, Congress officially acknowledged the reality of
vaccine-caused injuries and death by creating and passing The National
Childhood Vaccine Injury Act (Public Law 99-660). The safety reform
portion of this law requires doctors to provide parents with information
about the benefits and risks of childhood vaccines prior to vaccination,
and to report vaccine reactions to federal health officials.
Demand to be fully informed as to the possible side effects. Ask
to see the manufacture's warning label. As a parent, you may decide
against vaccinating your child. This is your legal right.
SCHOOL
School officials often resort to "scare tactics" to intimidate
parents into submission. How many time have you heard "Children won't be
permitted in school without being fully immunized." School
administrators are only referring to part of the law and never seem to
mention the exemptions. Most likely they've never heard of exemptions.
Basically, to get an exemption, simply write your local school
official and tell them is is against your religious belief to have your
children vaccinated, as allowed for by law and (optionally) cite the
particular section of the law. You need not explain your religious
belief or go into any details. Describing you religious beliefs isn't
required by law.
Usually, the local school administrator may have never heard of an
exemption letter and you might have to provide a copy of the appropriate
section of the State law to educate them.
Although some may not share your belief, under Federal Laws,
"religious practices" is defined by law to include moral or ethical
beliefs about what is right and wrong that are sincerely held with the
strength of traditional views. - 29 C.F.R. A71605.1
If anyone tries to pry, say surely you're not discriminating
against my family based on my religion, are you? That's a major Federal
Civil Rights violation.
Examine and read the laws of your State at what they actually say
about exemptions. They are pretty much similar to this - Immunization of
a person shall not be required for admission to a school .. if the
parent files a letter or affidavit stating that the immunization is
contrary to his or her beliefs.
Courage is Contagious
This web site is solely the author's opinion. No medical or legal
advice is intended. No recommendations or endorsements of any person or
organization is made. This information has been made possible by the
freedom of the First Amendment to the Constitution.
LEGAL CONSIDERATIONS
Quoting, TORTS by Prosser, Wade and Schwartz, 9th edition;
"In Berkovitz v. United States, 486 USC 531 (1988), plaintiff was
a child who was left paralyzed and unable to breathe without a
respirator when he contracted polio from a dose of oral polio vaccine.
His parents filed suit against the manufacturer of the vaccine and
against the United States (through the office of Biologics of the Food
and Drug Administration) had wrongfully licensed the manufacturer to
produce the vaccine and had wrongfully approved the release of the
particular lot that had injured the plaintiff.
The United States moved to dismiss, invoking the discretionary
function exception [to the Federal Tort Claims Act] and arguing that it
applied to all regulatory activities. Justice Marshall delivered the
unanimous opinion of the Court, holding that the discretionary function
exception applied to only those activities that involve an element of
judgment or choice and that are based on public policy considerations.
Because plaintiff had alleged that the FDA had knowingly released that
lot to the public without testing it for compliance with safety
standards, there was no discretion involved and the United States would
be liable if plaintiff could prove his allegations. Justice Marshall
noted that the FDA could have adopted a policy of testing only some
batches and that decision would not be reviewable. Having made the
decision to test all batches, however, the FDA had no discretion no to
test each batch."
VACCINE CONTAMINANTS
An extremely knowledgeable medical resource is
Dr. Leonard G. Horowitz.
Dr.
Horowitz has repeately told the FDA and various drug companies
about the
various biological contaminants in various vaccines, but no action
has
been taken to remove impurities. Some of these impurities consist
of
active viruses.
SIDS is reported to be delayed vaccine induced
injury. In
Japan, children are not vaccinated until 6 years of age and SIDS
is almost
unheard of there. Why vaccinate every child 6 hours after
birth?
If you haven't seen Dr. Horowitz's books or
video tape,
please get them. Protect your child. Invest in
knowledge.