Based on documents received in response to a public records requests, we are seeking to bring into the lawsuit Robert Schechter MD, who is the Chief of the Clinical Policy and Support Section of the Department of Health’s immunization branch. The documents reveal that his department is receiving privacy protected medical exemption information, and is providing legal/medical advice to schools about the validity of medical exemptions. The new complaint traces these actions back to a pilot program initiated by the Santa Barbara Health Department in 2016.
The new complaint also seeks to stop the Medical Board’s new illegal tactic of trying to confuse and intimidate parents of medically vaccine exempt children into releasing their children’s medical records. I have written about that tactic recently.
Here is a copy or our (proposed) Second Amended Complaint which has been submitted for filing to the clerk’s office.
This case has a somewhat unique procedural posture: all of the original (San Francisco) defendants have been dismissed from the case, because the San Francisco City Attorney agreed to withdraw his subpoena against Dr. Stoller. That might mean we can serve and file our new complaint without court permission, or we may need court permission. To be safe, we are doing both. But at least you can see the new complaint which are will be asking the court to allow us to file, based on information developed after we filed the First Amended Complaint on July 15th.
The new complaint still seeks a judicial determination that California families have a constitution right to obtain a medical exemption beyond CDC contraindications, whether or not SB 276 becomes law.
The Defendants are seeking to dismiss the prior complaint (the First Amended Complaint). The hearing on that motion is presently scheduled for September 20th, but we think that dismissal motion (called a “demurrer”) may be functionally moot because of our new (proposed) complaint.
Rick Jaffe, Esq.