How To Legally Avoid Unwanted Immunizations Of Al
How To Legally Avoid Unwanted Immunizations Of All Kinds
As you read this work and put its principles into practice, there are two basic
axioms you never want to forget. They are the rock upon which all your actions
are based.
Nobody, anywhere or any time and under any circumstances has the right or power
in this country to immunize you or your children against your will and
conviction. If they attempt to do so, you can legally charge them with "assault
with a deadly weapon" and have the full resources of our laws behind you.
At all times in attempting to avoid unwanted immunization, you have the Law of
the Land behind you. Those who would try to vaccinate you against your will are
on very shaky ground. Into every compulsory immunization law in America are
written legal exceptions and waivers which are there specifically to protect
you from the attempted tyranny of officialdom. It is not only your right, but
your obligation to use them, if this is what your conscience tells you.
Article I
In all your contacts with any member of the school, public health, or legal
establishment, always remain calm, courteous, and humbly reverent toward their
position. You are only asking of them that which the law duty binds them to
give you. There is no reason, or advantage, to be gained by antagonizing them.
Most of these officials believe they are discharging their trust as outlined by
law. If they are overstepping the law, then you must very diplomatically bring
the true facts to their attention, but without attempting to belittle them. The
more you can preserve their ego, the more easily and quickly you are likely to
get what you desire - a waiver of immunization.
Rule No. 1: Do not harass, belittle, or antagonize officials unnecessarily.
Article 2
All compulsory laws concerning vaccination (including the military) contain
exceptions and waivers. It is these protections placed in the laws that you may
legally use to exclude yourself and your children. Surprisingly, these
exceptions were placed there, not for your sake (although you may take
advantage of them), but for the protection of the establishment. How is this?
Let us assume that these exceptions were not there and everyone was actually
forced to be immunized. Should a child die or become mentally or physically
disabled, the parent would have the perfect case to sue the doctor, the school,
the health department, and even the state legislature for enormous damages.
Since they allowed no exceptions, they must accept full responsibility for all
the adverse consequences of the law. However, if exception waivers are placed
in the law, the responsibility is then transferred back to the parent. If a
child should be injured by immunization, the officials can say, "Well, the
parent should have exempted him if they thought there was any danger."
Therefore, there is in truth no such thing as a compulsory vaccination law in
this country. They are ALL, in essence, voluntary. The problem is that
practically no one in authority will let you know this fact.
Rule No. 2: There are no compulsory vaccination laws. All are voluntary,
and you
are held responsible for the adverse results upon you or your children.
Article 3
While all immunization laws have exceptions you can use, the wording in each
state differs, and you must know the exact wording for your state to make the
proper request of waiver. This information can be obtained in one of two
ways.
Go to the reference section of your local library- look in the State Statute
Revised Law Book under Public Health Law or Communicable Disease sections. The
list of immunization requirements will appear first and then the exemptions
will be given. Usually one or two provisions will be listed: either on
religious or medical grounds or both.
You may call or write your state representative and ask for a copy of the
immunization laws in your state. Making this available is part of his job, and
it will be sent promptly.
Rule No. 3: Know your own state law so that you can conform to its exact
requirements for exemption.
Article 4
There are two basic reasons for exception - medical or religious. Which one you
choose will often depend upon the wording of the law in your state and your
personal convictions. We shall discuss medical exemption first. While laws do
vary, nearly all states require that a note or certificate of waiver be
submitted by a physician licensed in the state of residence. In some areas
where states are small and people continually travel from one to another for
business, a statement from a physician in a contiguous state will be accepted.
In this letter it is usually necessary to state the reason for the requested
waiver and the length of time it should extend. Many laws limit all such
letters to a school year and they must be renewed each fall. The two most valid
reasons for medical waiver are "the fear of allergic reaction in a sensitive
child" and "to prevent possible damage to a weakened immune system." Both of
these can occur in a child who has been immunized, and since no one but the
physician and the parent will be held responsible for their consequences, it is
up to them to protect the child.
It is possible that some states may require the letter from an M.D. or D.O.,
but many will allow an exemption letter from a chiropractor if it is
courteously and properly written, as outlined above.
Rule No. 4: Medical waivers are always valid but must be written to fit each
state law and often need to be renewed annually.
Article 5
Most people will be best served by a religious exemption unless the state law
is so restrictive as to make this nearly impossible to obtain. The only church
that is legally opposed to vaccination is the Christian Science Church. They
took the matter to the courts and obtained a legal ruling of exemption. It is
because of this that state laws recognize the religious exemption.
Another church, The Church of Illumination, is also by its tenets opposed to
immunization for its adherents, and they are encouraged to go to jail if
necessary before submitting to this procedure. Since it is a "Church at Large,"
they are able to enroll members throughout the entire United States and would
be pleased to consider any applicant who is without present church affiliation
and who desires the legitimate support of others in his convictions.
In some states an official letter from a church authority is required before
exemption will be give.;In others, it is only necessary to submit a notarized
letter that you ADHERE to religious tenets which hold vaccination against God’s
laws. All officialdom becomes a little shaky when you mention religious
freedom, as it is one of our basic American rights and no one wants to be made
the "heavy" in denying anyone religious freedom.
The general desire of most health officials is to exert as much control as
possible, while assuming as little responsibility as possible. If you place
them in a position in which they must either give you a waiver or assume
additional responsibility, you will usually get your waiver.
Rule No. 5: Waivers can usually be obtained by a letter from a church official
certifying that you are a member of a church that recommends against
immunizations for its adherents. Many states will also allow exemption on
religious grounds if you send them a notarized letter stating that you ADHERE
to the beliefs of such a church, even if you are not an official member.
Article 6
The foregoing may work for school exemptions, but are there any such waivers in
the Armed Forces? Yes. All branches of the Service provide "immunization
waivers." Again, if they did not you could sue them for millions of dollars if
a reaction occurred from their immunizations. Because of these waiver
provisions, you become responsible if you react.
When you first sign up or enlist, you must state your objection to the
vaccinations and tell whether it is "religious conscience" or medical reasons,
such as allergies or a low tolerance to medication of any kind. If you do not
show objection at this time, you have given the military the right to do what
they will with you. If there is any difficulty, the same rules apply here as in
the school program. Never forget, even though you may be in the Service, no one
has the right to immunize you against your will. You do not give up your
constitutional rights when you join the Armed Forces.
Rule No. 6: The rules that govern school vaccination exemption also apply
to the
military. Never let anyone tell you otherwise. They do not know, or are hiding,
the facts of the law.
Article 7
What about international travel? May I go around the world without vaccination?
The World Health Organization (WHO) in Geneva grants American visitors the
right to REFUSE shots when traveling internationally. However, if an area you
wish to enter is infected, you may be detained until the public health servant
gives you the "go" (at his discretion). Thousands travel world-wide each year
without shots - so you may if that is your choice. Many of our co-workers have
traveled over much of the world and have never taken any immunizations, nor
were they ever detained.
It would be wise to request a copy of Foreign Rules and Regulations, Part 71,
Title 42, on immunization when you receive your passport. Never forget the
basic rule, "No one will vaccinate you against your will because by doing so
they assume full responsibility for the consequences both legal and medical."
Rule No. 7: You may travel wherever you wish in the world without vaccination.
The worst that can happen is that in very rare circumstances you may be
detained temporarily.
Some Important Details
The above seven articles constitute all the basic rules. However, there are
many important little "tricks of the trade" to having your legal requests
honored. These will now be discussed.
While waivers and exemptions are written into all laws on immunization, most
public health officials, doctors, and especially school officials are loathe to
discuss their existence when questioned, and rarely, to our knowledge,
volunteer such information. A top Philadelphia school official was on the radio
with the unequivocal statement, "NO SHOTS, NO SCHOOL." This statement is of
course completely counter to state law, with which presumably he is familiar.
Such unwarranted dogmatism is common in the people you will encounter. Once the
end of their legitimate authority has been reached, they will use their next
most powerful weapon - INTIMIDATION. They will threaten to keep your child out
of school, take him from you, or send you to jail. These are all idle threats
because they can do none of these thing, if you follow our simple instructions.
The basic rules have been given to you, but there are a few important details
to be considered if the officials start on this course of unlawful
intimidation.
You must send a letter to the school to inform the education officials of your
stand. A phone call is not legal. It can be a note from your doctor, minister,
or a notarized letter from you stating your sincere objections to the
immunization. If you do not do this and fail to have your child immunized, it
could be construed as negligence on your part and in some states there is a
possibility of legal action against you.
If the school should refuse to honor your letter, request that they give you a
statement in writing outlining their reasons for refusal. If they won’t, their
refusal is legally invalid, and your letter stands; they must enroll your
child. If they do (they rarely will) they take the risk of incriminating
themselves, especially if they are acting contrary (as is common) to what is
specified in the law concerning your rights for exemption. Remember they are on
tenuous ground, not you. They are your servants, you are not their servant. If
worst comes to worst and you have a very knowledgeable official who writes you
a refusal and states accurately the lawful reasons for refusal, he will also in
a negative way tell you what the accepted exemptions are, and then you can go
about meeting them, by one of the routes suggested in this handout.
Child neglect is the one legal point you want to avoid at all costs. No legal
parent or guardian can be charged with neglect unless he shows complete lack of
concern or action to be more informed. Stripped of legal jargon, this simply
means that if you can show that you have investigated the situation, have come
to a specific decision concerning immunizations, and have informed the
authorities of the same, no neglect charge can be brought. Neglect can be
brought only when it can be shown that you have failed to have your children
immunized, not out of respect for their medical or spiritual integrity, but
only because you were too concerned with other matters.
At times there may be a question of whether you have given or withdrawn legal
consent. Legal consent is dependent upon being properly informed on both the
advantages and the risks in any choice or decision you make. In other words, if
a physician were to tell you that vaccination is perfectly safe and effective
to obtain your consent, such consent would not be legal because he lied and you
have not been properly informed. Conversely, it could be argued that
non-consent is not legal if you are not fully informed about the risks and
advantages of immunizations.
What do I do if everyone refuses to give me a waiver?
This would be an extremely rare circumstance. But should it happen, you are not
left without resources. Here is where we pull out one of our big guns. Send
notarized letters by certified mail to the vaccine laboratory which makes the
shot (ask your doctor for the address), to the doctor who is to administer the
shot, to your school principal,to the school board, and to your local health
department. In these letters make it clear that since they have refused to give
you a duly requested waiver, you can no longer be held responsible for what may
happen to your child if they force these shots upon him. You then state that
you will allow immunization if each will present you with a written signed
guarantee of safety and effectiveness of the vaccine and that they will consent
to assume full responsibility for any and all adverse reactions that your child
may develop from the required shots. Of course none will give you such a
guarantee. They cannot do so because all vaccines are considered potentially
highly toxic. We have yet to hear of an instance of further harassment of
parents after such letters have been sent.
That’s about all that is needed to obtain the necessary exemptions for your
children. All that has been said in this last section (1 to 5) is also
applicable to the military and international travel, if required.
Potpourri of Ammunition
There were several good tips in Mrs. Girdwain’s original manuscript which were
not included in the body of this thesis, but are too good to omit, and so we
have placed them here for your perusal.
"As long as each individual who opposes vaccines has sincere objections, states
them in writing, and signs his name - it is considered legal and proper action
and must therefore be honored."
"Since many medical controversies exist surrounding immunization, drugs, and
various other medications, it mandates that each individual have the right to
control his own decisions and freedom of choice; anything less would be
contrary to the constitutional laws that protect the citizens’ rights. "
"When you deal with school officials and lawyers, you are playing with legal
terminology - move the wrong words around and you get hung." The terminology
used in this booklet has worked before and should work again.
"It is important to state your objections in such a way that it complies with
your state’s exemption provisions. They must then accept your request; if they
do not, they are breaking their own law." That is why it is absolutely
essential that you know your own state law word for word before submitting your
objection.
"According to CDC (the federal Communicable Disease Center in Atlanta,
Georgia), physicians are required to first inform their patients of the risks
involved before they consent to vaccines." If they do not do so, it is prima
facie evidence of deceit or negligence on the part of the physician. This
regulation by the federal government would also seem to assume that the patient
has the right to refuse if he feels that the risks are too great. If this is
so, is not the federal government on record as supporting voluntary
immunization and, by obvious implication, against state-enforced compulsory
immunization?
Should you ever have to go to court, or what is more likely, to appear before a
"kangaroo" court of school and health department officials, here is some class
A evidence you might find useful to mention.
· No vaccine carries any guarantee of protection from the laboratory that
produced it or the doctor who administered it.
· The U.S. military allows no-nonsense "immunizations waivers."
· There is NO FEDERAL LAW on immunizations. They don’t dare. Their
lawyers
know the consequences.
· Your rights have been infringed upon by officials attempting to use
force against your will.
Most state officials like a nice, stress-free job. When you send in your
objections and refuse to fit their ordered world by not having your children
immunized, you make waves. This rocks their quiet existence, and there are only
two ways their life can become orderly again: either by forcing you to their
will or acquiescing to yours. What you must do to obtain an early waiver is to
make the latter the easiest path for them.
At first, however, an attempt will usually be made to bend you to their will by
some form of intimidation. Many uninformed parents give in to this tack, and so
it is tried again and again. If you are adequately informed, as a reader of
this publication should be, you will let the officials know in no uncertain
terms that you understand your rights under the law and will not stand for any
such shilly-shallying. Invariably, once they discover you are adamant and
acquainted with the state law, your waiver will be rapidly forthcoming.
A Final Word
While the situation we are discussing here can be a matter of life and death,
you never want to lose your sense of humor. Let the opposition huff and puff;
you hold all the trump cards. If you observe the few, simple suggestions made
here, the law is all on your side. You are the good guy; they the villains. You
wear the white hats; they, the black. Even in late 20th century America, the
just will triumph under the law. They have only trickery, lies, and
intimidation; justice, truth, and honor lie entirely with you. So have fun and
bless God every day for placing you under the Free American System.
American Medical News
August 14, 1995 pages 32-34
Short time from DPT to death doesn’t prove link.
Parents of an infant who died within hours of receiving a DPT vaccination
failed to prove her death was caused by a reaction to an endotoxin in the
vaccine, a federal appellate court ruled. The parents of a healthy baby born
Dec. 2, 1982, brought her in for her first diptheria-pertussis-tetanus shot on
Feb. 23, 1983. Shortly after returning home, the infant had two screaming and
crying episodes. The mother put her in her crib to cry herself to sleep; when
she checked 30 to 45 minutes later, the baby was limp, pale, unresponsive and
not breathing. She was taken to the hospital by ambulance, but could not be
revived. An autopsy listed sudden infant death syndrome as the cause of death.
The parents petitioned for compensation under the National Childhood Vaccine
Injury Act; the trial court denied their petition. On appeal, the parents
argued the fact the child had been found found unresponsive and in cardiac and
pulmonary arrest was clear evidence of hypotonic- hyporesponsive collapse from
an endotoxin in the vaccine. HHC is compensable under the act.
The court said the parents must present a medical theory causally connecting
the vaccination with the child’s cardiac and pulmonary arrest. Evidence in the
record failed to support the parent’s theory that death was caused by a
reaction to endotoxin in the vaccine. The court concluded that a causal link
between the vaccination and death could not be based merely on the short time
between the events.
Hodges v. Secretary of Dept. of HHS, 9F.3d 958 (C.A. Fed. Cir., Nov. 15, 1993)
SIDS doesn’t prove DPT vaccine-injury claim.
The parents of a child who allegedly died as a result of a vaccination were not
entitled to compensation, ruled a federal appellate court. The child was born
by routine C-Section in December 1983. Starting in her second month of life,
she was given phenobarbital for colic. In her fourth month, she received a DPT
vaccination and, the same day, a few hours later, a dose of phenobarbital. She
awoke two hours later, at 9:30 p.m., and took some but not all of her bottle
and cereal. The next morning between 6 and 6:30 she was found dead in her crib.
An autopsy later classified her death as sudden infant death syndrome.
The parents sought compensation under the National Vaccine Injury Compensation
Act. In their action filed in the federal claims court, they asserted the child
died from either anaphylactic shock or hypotonic-hyporesponsive collapse, both
compensable under the program. In the alternative, the parents claimed the
child had died from some other injury caused by the DTP vaccination.
The special master assigned to the case determined that neither cause was
responsible for the death. He concluded the parents had failed to establish by
a preponderance of evidence the vaccination was the cause of death. Reversing
this decision, the claims court held that the undisputed evidence of
respiratory or cardiovascular failure required a determination that HHC was
present. As the precise cause of death was unknown, it was necessary to accept
as a matter of law that symptoms of HHC, including respiratory and cardiac
arrest, constituted the presence of HHC.
On appeal, court reversed. The claims court had made two errors, it explained.
The first was in ignoring the plain language of the Vaccine Act, which required
establishment of cause of death by a preponderance of the evidence. The second
was in failing to recognize that nothing in the act supported the conclusion
that when cause of death was unknown, the presence of symptoms such as
cardiovascular or respiratory arrest superseded the requirement of a
preponderance of evidence.
Hellebrand v. Secretary of Dept. of HHS, 999 E2d 1565 (C.A., Fed. Cir., July
23, 1993)
These articles are an amazing demonstration that the federal government does
not believe DPT can kill your baby even if death occurs within hours of
receiving a vaccine shot!!!
An Acknowledgment
The greatest part of the material on the first four pages is taken from the
work of Mrs. Grace Girdwain, of Burbank, Illinois. Our staff has rearranged and
edited the information, but we wish the full credit for its existence to go to
this courageous woman who has for twelve years worked arduously, without
compensation, to help her fellow Americans obtain their legal rights.
Illinois Administrative Code Title 77: Public Health
Chapter I: Department of Public Health
Subchapter i: Maternal and Child Health
Part 665 Child Health Examination Code
Subpart E: Exceptions
Section 665.510 Objection of Parent or Legal Guardian
Parent or legal guardian of a student may object to health examinations,
immunizations, vision, and hearing screening tests, and dental health
examinations for their children on religious grounds. If a religious objection
is made, a written and signed statement from the parent or legal guardian
detailing such objections must be presented to the local school authority.
General philosophical or moral reluctance to allow physical examinations,
immunizations, vision and hearing screening, and dental examinations will not
provide a sufficient basis for an exception to statutory requirements. The
parent or legal guardian must be informed by the local school authority of
measles outbreak control exclusion procedures per IDPH rules. The Control of
Communicable Diseases (77 Ill. Adm. Code 690) at the time such objection is
presented.
Section 665.520 Medical Objections
a) Any medical objections to an immunization must be:
1) Made by a physician licensed to practice medicine in all its branches
indicating what the medical condition is.
2) Endorsed and signed by the physician on the certificate of child health
examination and placed on file in the child’s permanent record.
b) Should the condition of the child later permit immunization, this
requirement will then have to be met. Parents or legal guardians must be
informed of measles outbreak control exclusion procedures when such objection
is presented per Section 665.510.