SAN DIEGO, CA— Yesterday in federal court, an Amended Complaint was filed against California’s new mandatory vaccination law, SB 277. After E4A’s lawsuit was filed July 1st, dozens of parents came forward to share stories of discrimination and oppression. Eleven additional plaintiffs have joined the suit, and the Amended Complaint pleads sixteen counts — infringement of state and federal constitutional rights, and violations of state and federal law, including statutes that protect disabled children. Sworn testimony of egregious conduct underlies a Preliminary Injunction motion, filed today and scheduled for hearing in federal court on August 12, before children return to school.
The primary focus of the Amended Complaint is disregard for the fundamental right of public education under the California Constitution. The Plaintiffs state,
“The California Constitution requires the State to ensure educational opportunities for every child and vests the State with ultimate responsibility for the public elementary and secondary school system. The State has a non-delegable duty to ensure that no student is denied the opportunity to learn. The California Constitution thus places the responsibility for providing education and educational equality to all of California’s children squarely on the shoulders of the State. While the State may elect to delegate some responsibility to school districts, it is ultimately the State’s responsibility to ensure that all California School children receive a basic education.”
The strongly worded Amended Complaint depicts an irrational, punitive, and unconstitutional scheme. The pleading reveals the rushed and shoddy passage of SB 277 through the Legislature, where children with vaccine personal belief exemptions were scapegoats for the famous Disneyland measles outbreak they did not cause. The Amended Complaint depicts doctors too intimidated to write medical exemptions, despite Governor Brown’s signing statement endorsing their discretion. It reveals the impractical nature and economic hardship of homeschooling for many families, and a lack of guidance from the California Department of Education and Board of Education. It shows how schools are left on their own to decide if disabled students must be vaccinated to receive classroom special education.
Plaintiffs’ attorney Robert Moxley said, “More parents come forward every day. We may be just looking at the tip of the iceberg with these first set of plaintiffs.” He added, “The California Department of Education’s website touts ‘a world-class education for all students, from early childhood to adulthood.’ But there is nothing world class about removing healthy children from school. Maybe that is why we have so many parents coming forward.”
About Education 4 All: The Education 4 All (E4A) Foundation, founded in June 2016, seeks to redeem California’s promise of equal education for all children.
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