In 2015, California enacted into law a measure, SB277, that eliminated all non-medical vaccine exemptions to required school-entry vaccines. There were a number of factions in opposition to this law. One faction, “Revolt, Revoke, Restore”, hired an attorney, T. Matthew Phillips, who eventually filed an SB277 lawsuit to stop the implementation of law. (Previous coverage of litigation filed by Phillips can be found here.)
This SB277 lawsuit is called Buck v. Smith, or Buck v. California. Tamara Buck is the first of the seven plaintiffs; Karen Smith is the Director of the California Department of Public Health. The suit was first filed in July, 2016, and has been amended three times. In response, the state filed a demurrer. A demurrer is a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the grounds that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. In this case, Basically, the court is saying “you have to show it’s unconstitutional to mandate vaccines for school before we ask if vaccines cause harm.”
On 21 October 2016, California superior court judge Gregory Alarcon in LA County sustained – accepted – the demurrer of the state and dismissed the SB277 lawsuit filed by Tamara Buck and seven other plaintiffs without leave to amend. What this means is that even after being amended three times, the complaint at the basis of the lawsuit had been found not to make a valid legal claim, and/or not to have enough facts to support a valid legal claim, or “cause of action.” Unless the trial court’s ruling is overturned on appeal, the Buck lawsuit is now dismissed and will not go forward.
There were two main reasons the complaint failed to meet the standard. First, some of the claims simply go against established jurisprudence; this is a problem any challenge to SB277 will face. Second, in this case, the complaint was not well written or argued.Read More »California SB277 lawsuit – state’s demurrer to Buck v Smith sustained