Injunction Sought for Mandatory Vaccine Law SB 277

SAN DIEGO, CA — California parents filed suit today, to defend a right enshrined in the California Constitution. The lawsuit takes on SB277, the new law that repeals California’s 55-year-old personal belief exemption from mandatory vaccination.

Hotly debated and passed in 2015, SB277 goes into effect today, the First of July. The Federal Court Complaint contends that SB277 impairs the Fundamental Right of California children to an education, and shows how the the Personal Belief Exemption was used by conscientious parents to change the timing, to make choices, and sometimes object, to some or all of the many vaccines required when school children enroll for classes. Under SB277, all right to control the vaccination schedule will be gone. All right to opt out of even a single one of dozens of doses, will be gone.

Under article IX, section 5 of the California Constitution, children are guaranteed the right to a public education. SB 277 is in direct opposition of this right. “SB 277 has made second class citizens out of children who for very compelling reasons are not vaccinated according to the CDC schedule,” said plaintiffs’ attorney Robert T. Moxley. Lead plaintiffs’ counsel James Turner added, “We are hoping the court will grant us an injunction while the judicial process takes place to see if this law is constitutional, which it most certainly does not seem to be.”

The non-profit plaintiff Education 4 All and several association plaintiffs are suing under the State Constitution to support families denied the fundamental right of public education. Plaintiffs seek a Temporary Restraining Order under federal law, to prevent hardship to thousands of their members. Because the law is effective the first of July, the plaintiffs also seek an immediate Preliminary Injunction, to protect California children this fall, during the time the courts take with the case. Six individual plaintiffs seek to overturn the denial of their exemption requests.

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.

Download Complaint (pdf)

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Or mail gifts to: E4A. 12463 Rancho Bernardo Rd, #525, San Diego, CA 92128-2143