Vaccine Exemption not always a smooth process

December 11, 2006

Just an FYI to any parent considering this - I use the Personal

Reasons exemption, but it has not been a piece of cake.

Our school district uses a computer program that spits out letters to

anyone who is " missing dates " on their forms.

I got a letter saying I had to get them vaccinated or be subject to

fines or imprisonment, and I called to say I'd signed the waiver. I

got silence (which I interpreted as an " I'm not sure what to do " kind

of response) and was told later it was a glitch in the computer

system, shown the waiver that I signed that they had on file, and was

told I was all set.

Glitches that threaten to throw me in jail are not the kind I like to

see taken so lightly. I am not the easiest person to push around,

yet it shook me up a little (it wasn't the fine part, it was

the " imprisonment " part). I can see this kind of thing pressuring a

parent to go to the doctor and get the shots anyway, even if they

know they've done what they legally need to do and signed the waiver

and feel that not vaccinating is right for them.

Don't let it shake you. Anytime you don't " go with the flow " , you

may hit the rapids, even flip over, but it's worth working with it so

you don't compromise your values. They just aren't used to people

standing up for themselves, so let's get them more used to it.

My suggestion: Make a copy of the waiver you signed and make a note

as to they date you mailed it or dropped it off and who you gave it

to. Then if you get one of those letters, submit another copy to

them or ask if they need a new original, and write one up and sign

it, again. Unfortunately, this process isn't as smooth as it should

be, but, yes, it's true that, in the vast majority of states in the

US, you have the right to waive the shots.

Esberitox, Sambucol, Echinacea and whole foods are my immunizations.

, surpriseshan2

wrote:

>

> Nearly ALL Children Can Qualify for the Religious Vaccine Exemption

> http://www.mercola.com/2000/dec/10/vaccine_exemption.htm

>

> There are, I believe, 19 states that currently allow a

philosophical

> objection to vaccinations for school admission. Thanks to the

incredible groups like

> the National Vaccine Information Center http://www.909shot.com/ ,

it is likely

> more states may be added. Texas is likely to make the total 20 in

the near

> future.

>

> However, 48 states (all but Mississippi and West Virginia) allow

for a

> religious exemption. There has been a supreme court ruling on this

issue which

> provides broad interpretation of the meaning of religious

exemption.

>

> A parent's religious " beliefs " are sufficient to qualify for the

religious

> exemption. The " belief " is defined as a faith that occupies a place

in their

> lives parallel to that held by the orthodox belief in God or any

sincere

> religious beliefs which are based upon a power or being to which

all else is

> subordinate and on which all else is ultimately dependent

>

> They qualify if they believe that not giving the vaccines is what

they must

> do to follow God's will for them in fulfilling their role as

responsible

> parents. Their child's immune system is a creation of God and that

God has given

> their child and that to vaccinate would violate their faith in what

God created.

>

> The parents do NOT have to be part of a recognized religious

organization.

> You don't have to join any church, you can be any religion at all.

But if they

> are a part of an established religion (Catholic, Protestant, Islam,

etc.) they

> can still have their own perceptions of what it means to follow

God's will

> which may be counter to what that organization states.

>

> The case is established with legal precedent at the US Supreme

Court level.

> (United States Supreme Court in Sharon Levy vs. Northcourt cases)

>

> The important rule here is that if a school district denies

religious

> exemption they are violating your federally protected civil rights

under the first

> amendment by what is called state action and under federal law you

are entitle

> to money damages.

>

> You can review one of the cases that helped set this law by

clicking here.

> http://www.goodlight.net/nyvic/law/wexler/default.htm

>

> James Filenbaum, Attorney at Law, Presented at the 2nd

International Vaccine

> Conference

>

> --

----------

> --

>

> Dr. Mercola's Comment: This information is invaluable for those who

are

> convinced that, after careful review of the evidence, that they

should not give

> vaccines to their children. The first link below discusses in

detail some of the

> approaches you will need to follow to obtain the exemption that is

allowed in

> 48 of the states.

>

> You will need to integrate the information that Mr. Filenbaum has

compiled

> above and you should have a solid stance to take that no school

district should

> be able to over ride. Of course the school district always has the

choice of

> refusing it, but they will have severe consequences for doing so.

>

> Usually this requires obtaining an attorney, which can be very

costly. In the

> next month I will be providing you with some incredibly inexpensive

options

> that will allow you to hire outstanding law firms on retainers for

$25 a month.

> More details will follow in the next few weeks.

>

> Related Articles:

>

> How To Legally Avoid Unwanted Immunizations Of All Kinds

> http://www.mercola.com/article/vaccines/legally_avoid_shots.htm

>

> The Anthrax Vaccine Saga: How Not to Develop a Vaccine Program

> http://www.mercola.com/2000/oct/29/anthrax.htm

>

> Dangers of Anthrax Vaccine

> http://www.mercola.com/2000/nov/12/anthrax_shots.htm

>

> Shoot First and Ask Questions Later

> http://www.mercola.com/2000/oct/22/shoot_first_2.htm

>

> Shots in the Dark

> http://www.mercola.com/2000/oct/15/vaccines.htm

>

> Setting the Record Straight on Anti-Vaccination Stance

> http://www.mercola.com/2000/aug/13/vaccination_forbes.htm

>

> Vaccine Links

> http://www.mercola.com/article/vaccines/links.htm

>

> Vaccines and Immune Suppression

> http://www.mercola.com/article/vaccines/immune_suppression.htm

>

> Link Between Autism Increase And Vaccination

>

http://www.mercola.com/1999/archive/link_between_autism_and_vaccinatio

ns.htm

>

> Vaccines and Immunization References and Research Citations

> http://www.mercola.com/article/vaccines/references.htm

>

> Internet Becomes a Vaccine Battleground

> http://www.mercola.com/2000/sep/10/internet_vaccines.htm

>

December 12, 2006

my friends comments....ng

-

Alan G. Phillips, Esq.

Nora Gottlieb

Monday, December 11, 2006 3:27 PM

Re: Vaccine Exemption not always a smooth

process

Nora,

If you can post this reply, I'd be grateful.

Alan

------------

I'm a fan of Mercola and have purchased some of his great products.

Unfortunately, some of the information on his site about vaccine exemptions is

misleading or incorrect. I am sorry to see some of Mr. Filenbaum's information

either misstated or taken out of context--as stated, it does not tell the whole

picture, and is not entirely accurate. This is unfortunate given the

contribution he has been to the vaccine awareness movement and freedom to

exercise religious exemptions from immunizations.

Not everyone can legally exercise a religious exemption (but perhaps more than

some people think--don't rule it out before talking with a knowledgeable

attorney--some can, and some can't), and those in states that require membership

in an organized religion with tenets opposed to immunization are bound by those

laws, unless you can convince local officials not to spend time in court

fighting laws that are enforceable in those states. The truth is, those laws are

" good law " unless and until challenged and overturned, and not unenforceable

because they *might* be overturned if they *were* challenged in court. Indeed,

in MS and KY, a different result occurred; religious exemptions to immunizations

are *unconstitutional* in MS, and in KY, it is constitutional to require

membership in an organized religion. Those rulings might be reversed (and they

might not) if challenged in court, but that's the law presently.

The other thing to remember is that federal cases in NY are not binding on other

states, so while Mr. Filenbaum's (a former NY attorney) statement may be true

for NY residents, they are not equally true for residents of other states. (BTW,

one reference in Mercola's information to the Supreme Court was actually

something from a NY federal district court case--not a decision that binds any

other state).

Vaccine exemptions are complicated, and much of the information on the Internet

not coming from (or directly from) an attorney is what people *want* the law to

be, but not what it really *is*. Don't take Internet information at face value.

Law really is complex sometimes (and definitely so with vaccine religious

exemptions), and lay people often and easily, despite the best of intentions,

misunderstand it. If you attempt to act on information that is wrong, you may

undermine your exemption efforts.

So, at least do yourself the favor of having a consultation with an attorney

knowledgeable in this area. The cost of learning what your rights are (and they

can vary widely from situation to situation, and location to location) is very

small compared to benefit of knowing where you stand, and what you can and can't

(or should or shouldn't) say or do--as well as the possible outcomes. The truth

is, vaccine religious exemption law in unclear for citizens of most states, so

it is critical to know what the strengths and weaknesses of your specific

situation are before you go making assertions about your rights and trying to

declare an exemption. Errors made because of " what you don't know that you don't

know " , just as with anything else in your life, can come back to haunt you. Is

it worth taking a chance on this important matter?

Alan Phillips, Attorney at Law

(yes, I have a strong focus and background on vaccine religious exemptions)

P.O. Box 3473

Chapel Hill, NC 27515-3473

919-960-5172

-

Nora Gottlieb

Alan G Plillips

Monday, December 11, 2006 10:34 AM

Fw: Vaccine Exemption not always a

smooth process

-

say

Sunday, December 10, 2006 10:08 PM

Vaccine Exemption not always a smooth