BY RICHARD JAFFEE JD

So in California come July 1st, there will no vaccine exemptions based on
personal belief. However, there still will be a medical exemption, such as
it is.

My understanding is that pediatrics/public health recognizes some
contraindications for specific vaccines, but very, very few (if any)
contraindications for not giving a child any vaccine anytime. I�ve heard
that at least one prominent CAM healthcare attorney is advising his
California CAM physician clients not to write medical exemption letters for
parents who have a fear of or personal belief against vaccination. That
might be prudent advice, and certainly no lawyer will get into trouble for
giving it. Obviously, this is all very bad news for anti-vaxers.

You are not going to like this, but�

I will probably weigh-in on what I think are the medically supported
justifications for the exemption another time and another forum. For now,
I�d like to talk to my anti-vaxer friends and colleagues, including those
who for tactical/PR reasons characterize their views as in support of
�informed consent� about the �dangers of vaccination�. You�re not going to
like it, but to paraphrase Ziggy Martin in �Drive,� who�s gonna tell you
when you�re too late and aren�t so great In terms of where we are and the
constitutional arguments being tossed around, well, you�re too late, wrong,
and less lyrically, the imprecise hyperbolic language is not helping you
focus on what may be realistically achievable.

First, the inaccurate hyperbole: California anti-vaxers claim that their
kids and child care professionals are being forced by the government to be
vaccinated. Not true. I�m from Texas, and in Texas we know what forced
vaccination looks like. A couple years ago, the Texas legislature tried to
force all young girls to get the HPV vaccine. The measure ultimately failed
because of the public outcry against forced vaccination. California is not
forcing anyone to get vaccinated. Rather, it imposes consequences (albeit
draconian) for the unvaccinated; for kids, no public or private school; for
adults, you can�t teach kids or be a child caregiver. That�s a big
difference constitutionally and legally in general. But in addition, by
mis-framing the issue, you may be missing some realistic partial,
medium-term solutions, as I�ll explain in a moment.

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