From: mccfhc@aol.com

News Release

Class Action Suit Aims to Restore Parental Rights

An organized effort to secure the constitutional protection due Missouri's parents has begun.

For several years the state of Missouri has denied parents the right to make medical decisions for their children in the area of vaccinations.  Although  medical and religious exemptions to the state's mandatory vaccine laws are available, the state still exercises its police power to force parents into accepting the administration of vaccines to their children.  Medical exemptions are difficult to get and many parents can not in good conscience claim a religious exemption even though they do not think vaccines are in the best interest of their children's health.

The act of mandating vaccines is legally recognized as an infringement of the constitutional rights of individuals. Such infringements have historically been deemed within the appropriate police powers of the state when the infringement is minimal and when that infringement is considered essential to accomplish some great necessary good for society as a whole.  The landmark Supreme Court decision, Jacobson v. Massachusetts (1905), was written within the context of an "epidemic threatening the safety of all" - smallpox.

The court found in favor of the defendant, the state, as they deemed the state's claims to be within the principle outlined above.  An excerpt from the court's opinion reads:

There is, of course, a sphere within which the individual may assert the supremacy of his own  will and rightfully dispute the authority of any human government, especially of any free government existing under a  written constitution, to interfere with the exercise of that will. But it is equally true that in every well-ordered society  charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at  times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as  the safety of the general public may demand.  (emphasis added, RC)

We believe that there is no "great danger" to society from any of the diseases for which vaccines are presently mandated and those mandates are, therefore, unconstitutional infringements on the rights of individuals.

A case will be made for the belief that a "great danger" would develop in the absence of the vaccines.  Of course that is highly speculative in most cases and is definitely not true, by anyone's estimation, in the case of tetanus since tetanus is not communicable.

The significance of this case should not be underestimated.  It will likely not only affect Missourians, but also residents of other states.  Likewise, it will likely affect parental rights in other areas, like to the right decide other types of medical treatment and the right  to educate children at home.  Winning this case will help to reestablish the (previously) long held American principle that the state have a "compelling interest" before it infringes upon personal liberty.

We have enlisted the aid of an attorney who is experienced in the litigation of vaccine cases. He is interested in our cause and is willing to absorb much of the cost of litigation.  In spite of his generosity, we still need to raise about $20,000 to prosecute the case.  In addition, this will be a class action suit, so participants who are willing to be named on the suit are needed.

Please consider participation in both ways.  If you are interested, please contact Ron Calzone at (573) 759-7556 or ron@mofirst.org. 

Opinions expressed on this email loop are not necessarily

endorsed by MCC-FHC, but are shared with list members

because of their educational or informational content.



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Missouri Citizens' Coalition for Freedom in Health Care

P.O. Box 190318

St. Louis, MO   63119-0318

314-968-8755

http://hometown.aol.com/mccfhc



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