08/19/09 Update: Citizens Petition to Stop the Shot, with Action Item:
http://www.healthfreedomusa.org/?p=3312
The blogisphere is abuzz with rumors and intentions to seek judicial redress against the threat of an un-insurable, untested, unproven, mandated "swine flu" vaccine. Natural Solutions Foundation is sponsoring, with other Health Freedom advocates, a formal Citizens Petition to Stop the Shot, to exhaust administrative remedies, a legal prerequisite for any successful litigation.
One well-respected natural news outlet, for example, early yesterday reported that an injunction had been issued in a federal case here in NJ, and then, a couple hours later, had to retract that story.
Pro-se litigants in several states are filing law suits. The NJ suit is by a pro-se activist who has had several successful suits. His case is the one that was misreported. The injunction has not yet been issued. We have been discussing his approach with him and he is seeking court protection since he fears being harmed by mandatory vaccines.
Meanwhile, several groups of lawyers are also seeking to litigate these issues. Yesterday I was on a conference call with a couple of them and we hope to move ahead as funding becomes available. Natural Solutions Foundation expects to be a plaintiff in any such suit.
Some of the sites that discuss these issues (I haven't reviewed them all in detail) include:
Format for lawsuit: http://www.medicalveritas.com/man1925_1936.pdf
Pro-se Litigation: http://www.safetylawsuits.com
Self-Shielding White Paper: http://www.healthfreedomusa.org/?p=2752
FTC Petition demanding an end to all vaccine advertisements as not truthful and misleading: http://www.healthfreedomusa.org/?p=507
If I were representing plaintiffs in an injunction case regarding the threat of a mandated vaccine for a declared pandemic emergency, here is what I might say to the judge:
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I urge the Court to issue the Preliminary Injunction or Temporary Restraining Order immediately as exhausting administrative remedies will take so long as to make it impractical to seek redress through FTC, CDC and FDA, since the government promises to approve the "swine flu" vaccine without safety testing within the next few days. We are in
immanent peril of irreparable harm.
"Getting swine flu vaccine by September means skipping all but the most preliminary clinical tests of vaccine safety and effectiveness." http://www.webmd.com/cold-and-flu/news/20090717/swine-flu-vaccine-fast-track
The vaccine will include dangerous substances such as mercury and squaline.There has never been any FDA approval of the use of squaline in any vaccine. When it was used in the "experimental" Anthrax vaccine given to US soldiers during the first Gulf War, there were thousands of hospitalizations for adverse reactions. http://www.gulfwarvets.com/issues.htm
Your Honor is authorized by case law, including a US Supreme Court case to intervene when vaccines threaten the life and health of people, as this vaccine will do. Stated the Court: "the judiciary [is] competent to interfere and protect the health and life of the individual concerned."
Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905)
“It is easy, for instance, to suppose the case of an adult who is embraced by the mere words of the act, but yet to subject whom to vaccination in a particular condition of his health or body, would be cruel and inhuman in the last degree. We are not to be understood as holding that the statute was intended to be applied to such a case, or, if it was so intended, that the judiciary would not be competent to interfere and protect the health and life of the individual concerned. “All laws,” this court has said, “should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language which would avoid results of that character. The reason of the law in such cases should prevail over its letter.” United States v. Kirby, 7 Wall. 482; Lau Ow Bew v. United States, 144 U.S. 47, 58. Until otherwise informed by the highest court of Massachusetts we are not inclined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death.”
Federal law effectively mandates vaccination in the event of a declared pandemic emergency, such as was declared on April 26, 2009. http://www.nytimes.com/2009/04/27/world/27flu.html
This is apparent from the following sample of regulations:
* Executive Order 13375 permits federal isolation and quarantine of individuals to prevent transmission of numerous diseases including “influenza that can cause a pandemic”. Under this April 1, 2005 EO signed by George W. Bush, and the following regulations, anyone violating a quarantine order can be punished by a $250,000 fine and a one year prison term while organizations may be punished by a $500,000 fine….” http://en.wikisource.org/wiki/Executive_Order_13375 , 42CFR70_71-1.pdf p.3
* Under §§361-368 of the Public Health Services Act (42-USC 264-271), the government can “make and enforce regulations as are necessary to prevent the introduction, transmission or spread of communicable diseases from foreign countries into the United States and from one State or possession into another….especially when combined with vaccination….” 42CFR70_71-1.pdf p.3
* Section 70.9 of the Public Health Services Act (42-USC 264-271) allows the government to establish vaccination clinics and charge a user fee for that vaccination [unless you are a Medicare B recipient] introducing “…health strategies such as vaccination.” Records must be carefully kept although “the Director may waive or modify these requirements in the event of a public health emergency.” 42CFR70_71-1.pdf p.3
* “Persons subject to provisional quarantine may be offered medical treatment, prophylaxis, or vaccination as the Director deems necessary to prevent the transmission or spread of disease. Medical treatment prophylaxis, or vaccination will typically occur in a hospital setting but may occur in other settings as the Director deems necessary… on a voluntary basis… provided that persons who refuse remain subject to quarantine until the period of incubation and communicability have passed.” 42CFR70_71-1.pdf p.13, 14
* “The length of quarantine shall not exceed the period of incubation and communicability” which for influenza is given as “1-4 days following exposure” and another “5-14 days following onset of illness”. 42CFR70_71-1.pdf p.14
NOTE: An American citizen can be held in “provisional quarantine” indefinitely although the quarantine itself is not to exceed the period of incubation and communicability of the disease. Imagine, for a moment, that you are in a FEMA detention center and someone else develops a cold, cough or fever. You ALL could then be held in provisional detention for another period, and another and another…. since:
* The person in quarantine “may refuse examination, medical monitoring, medical treatment, prophilaxis or vaccination, but that if they choose to do so they remain subject to quarantine“ [Emphasis added] 42CFR70_71-1.pdf p.15
A "voluntary" vaccine enforced by indefinite detention is not voluntary. A "voluntary" vaccine enforced by refusal to let people continue to work, travel or go to school is not voluntary. Conditioning access to public services, the right to travel, and other normal activities of civilized life with submission to an un-insurable, untested vaccine for which the providers bear no legal liability violates basic standards of due process and the rule of law. An injunction must be issued.
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We urge the Courts to issue Preliminary Injunctions (TRO) immediately. We are in imminent peril of irreparable harm.
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