Democrats Assault on Disabled Children is Crumbling

Courts Override NY Democrats, Return Vaccine Exempt Children to School

February 1, 2020 — Disabled children in wheelchairs, walkers, with autism and far worse afflictions have been kicked out of all New York schools by the Democrats; thousands of them, because they are exempt from getting vaccinated. The Democrats claim any child with a “valid medical exemption” to vaccination is allowed in school, but today that is not the case.

In August of 2019, Governor Cuomo issued an emergency regulation to deny virtually all medical exemptions to vaccination. The NY courts have now determined – at least twice – that Cuomo’s emergency regulation is in essence illegal. The courts ruled two children with valid medical exemptions must be allowed back in school. Those two children are Ameer Hamideh (pictured above left) and Thorn Schwartz (pictured above right). Ameer is multiply disabled and Thorn is autistic. Ameer has been back in school since November and Thorn returns to school on Monday, February 3rd.

Both children were kicked out of school even though their parents presented valid medical exemptions to vaccination written by their doctors. Both had no choice but to sue the schools that had illegally denied the children their federally guaranteed right to a Free and Appropriate Public Education (FAPE) (which is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act).

In both cases the parents won, and both children are back in school. But thousands of other disabled children right now are at home – in their wheelchairs and walkers; with their assistive technology and communication devises – deprived of special education services and interaction with their peers. In fact the state isn’t even providing their mandated services at their homes in most cases. They have been completely written off. These are the children whose parents can’t afford a lawyer to fight their cases. The courts are now poised to hear arguments as to whether Cuomo’s emergency regulation denying medical exemptions is entirely illegal, and if the regulation needs to be thrown out or amended.

How the hell did New York get to this horrendous place?

CUOMO

This all started when the Democratic majority in Albany repealed the Religious Exemption to vaccination on June 13, 2019. When this happened most Albany Democrats made two gigantic mistakes:

(1) They did not do their due diligence on the matter, and

(2) They did not count on how heartless and ruthless Governor Cuomo was going to be.

You must understand the history of vaccine exemptions in New York to fully appreciate Cuomo’s sick cruelty towards disabled children. In New York it is nearly impossible to get a medical exemption to vaccination that is actually honored. The law here is clear – only a medical doctor can write a medical exemption to vaccination, but the schools still deny them by referring the exemption to the Department of Health where they are almost always killed. Because of this unfair, and illegal structural flaw, for years many doctors have told parents, “Yes, your child will get injured if they get another vaccine; but your only recourse is to go get a Religious Exemption for your child.”

So thousands of children who had valid medical reasons to not be vaccinated received Religious Exemptions (REs) to vaccination because it was their only true option. When the RE was repealed, instead of doing anything to assist these vulnerable children who could not be vaccinated, Cuomo did the opposite. He issued an emergency regulation to the Health Department ensuring they would not grant medical exemptions to the thousands of students who needed them because their REs were just made null-and-void by the repeal law. However under New York law the Department of Health (DOH) plays no role in accepting or rejecting a medical exemption to vaccination to begin with. Therefore Cuomo’s new regulation was clearly an over-reach of power: it was attempting to strengthen a power of the DOH that it never legally had!

So now the New York Democrats are the political party who kick disabled children while they are down. This is a bad, bad look for them (to put it nicely). Especially when the Democrats have traditionally been the party that speaks about equal access, universal design for learning for all children, accessibility of transportation, equal employment, and on and on an on…

Now thousands of disabled children are home bound, illegally denied an education because of laws Democrats baked like a cake and a ruthless regulation King Cuomo iced that cake with. I do not think the 2020 election cycle is going to be kind to many incumbent Democrats in New York. We are seeing many Dems being challenged in primaries, as well as many who may lose their seats to Republicans.

Brave Democrats

Not every Democrat fell for Cuomo’s okey-doke. 19 Brave Democrats voted NO to repealing the Religious Exemption to vaccination, and they may be the future of the party. We are seeing many of these Democrats thrive!

Assemblywoman Rodneyse Bichotte who bravely went against party leadership – voting NO to repealing the Religious Exemption to vaccination – has just taken her place as Brooklyn’s new Democratic Party chair. This makes her the first African American woman in New York City to hold the position of Party chair. An excellent piece was written about her in the Amsterdam News by Rev. Dr. Kahli C. Mootoo.

Also in Brooklyn Assemblywoman Tremaine Wright is getting endorsed left-and-right to fill a soon-to-be vacant Senate seat. She too voted NO to repealing the Religious Exemption to vaccination. The outgoing Senator, Velmanette Montgomery – who held the Senate seat for 34 years – has endorsed Assemblywoman Wright to be her successor. Oddly enough Senator Montgomery voted YES to repealing the Religious Exemption to vaccination – twice! She voted YES in the Senate Health Committee, and YES on the floor of the Senate. Less than 7 months later she announces her retirement and gives her endorsement to a rising star in Brooklyn who voted NO to repeal.

Both Bichotte and Wright are African American. New Jersey Assemblyman Jamel Holley is an African American man who stopped the repeal of the Religious Exemption to vaccination in New Jersey. He has swiftly become a national leader on the issue, and has pledged to engage legislators all across the country – including in New York. This makes me think of a quote from Virstyne Henry back in December; she has a theory she likes to call The Once black people find out about it it’s over for them” theory. We may be witnessing this theory becoming a reality right here, right now.

Meanwhile Brad Hoylman, the Big Pharma-loving State Senator who originally sponsored the bill to repeal the Religious Exemption to vaccination, is being challenged by Liz Glass, who has made Vaccine Choice and Health Freedom a centerpiece of her candidacy.

Smart Democrats

Senator Monica Martinez from Suffolk County, Long Island is not falling for Cuomo’s okey-doke either. She sees how horrendous the situation is for her political party as it relates to kicking disabled children while they are down. Because of this she proposed new legislation – bill S7573 – that would protect the medical exemption to vaccination and restores it to the clear intention of the letter of the law: the medical judgment of the child’s physician shall prevail, and his or her decision may not be overridden by school or public health authorities.

It is abundantly clear that there is a huge shift happening in New York politics, as well as a rift in the Democratic party. Leadership is siding with Big Pharma but a growing minority of Democrats see that this unholy marriage is a sinking ship that could cost them their jobs in 2020.

SOURCES:

Vaccine Injured 9-year-old Boy Back In School https://thefedupdemocrat.home.blog/2019/11/12/disabled-vaccine-injured-9-year-old-boy-back-in-school/

News10NBC Investigates: Judge orders child back to school after he was banned over vaccines https://www.whec.com/news/thorn-schwartz-vaccine-religious-exemption-new-york/5630018/

Democrat Heroes in Albany, NY https://thefedupdemocrat.home.blog/2020/01/14/democrat-heroes-in-albany-ny/

Rise of Bichotte to Brooklyn County chair is a strong step forward for the borough http://amsterdamnews.com/news/2020/jan/30/rise-bichotte-brooklyn-county-chair-strong-step-fo/?page=1

VIDA Endorses Tremaine Wright and Stefani Zinerman for State Legislature https://www.bkreader.com/2020/01/28/vida-endorses-tremaine-wright-and-stefani-zinerman-for-state-legislature/

Longest-Serving Member of the State Senate Announces Retirement and Endorses Tremaine Wright https://bklyner.com/longest-serving-member-of-the-state-senate-announces-retirement-and-endorses-tremaine-wright/

Elizabeth Glass Challenges Brad Hoylman for NY Senate https://thefedupdemocrat.home.blog/2020/01/28/elizabeth-glass-challenges-brad-hoylman-for-ny-senate/

MSM Finally Covers Ameer’s Vaccine Victory in Buffalo, NY

November 20, 2019 — Ameer was court ordered to return to school on November 12th, which we reported here at the Fed Up Democrat that evening. The Mainstream Media (MSM) was completely silent. Even the wire services published nothing. Seven days later a local ABC affiliate in Buffalo, NY ran a short story stating that Ameer was allowed back into school with a valid medical exemption to vaccination after the judge in his case granted a temporary restraining order.

First I want to note how important it is to have local news media that are actually located in the cities and towns they cover. Today the only time we see real, important MSM coverage of the most critical issues is when it comes from local network affiliates and those stories rarely get picked up nationally or syndicated. A perfect example of this is the Bronx boy who was illegally vaccinated with the HPV vaccine by a nurse in a Bronx, NY school without parental consent or knowledge. That was reported by BRONX12 News and no other MSM outlet.

Secondly I want to further emphasize that even though WKBW in Buffalo, NY has covered Ameer’s victory still not one other mainstream news outlet has picked up the story. Ameer’s case made national news headlines, but once he wins the media is silent. It should be noted WKBW got some major facts of Ameer’s case wrong. They called Ameer “unvaccinated” when he has only missed 1 DTaP shot due to his current medical exemption. However sloppy coverage is better than no coverage at all. Nowadays we gotta take what we can get…

Even Associated Press Black’s Out Ameer Vaccine Victory in NY

November 16, 2019 — The Associated Press ran the ICAN press release on November 13, 2019, through the paid PR Newswire service. The report stated that a New York court granted a temporary restraining order allowing a disabled, vaccine injured boy named Ameer back into school. Read extensive details of the court’s decision and what transpired at the following reports:

Disabled Vaccine Injured 9 Year Old Boy Back In School, and

Media Blackout For Vax Injured Disabled Child’s Court Victory

However the Associated Press (AP) did not run any reporting of their own on these facts. This is odd considering that the AP has been reporting on the Ameer case since it made national news last month.

How does the AP not realize that this is historic news of a court order by a sitting New York judge? It looks really bad upon their credibility to completely ignore a ruling in a case that garnered national media attention especially when AP had been covering the story! Every MSM outlet in the country, and on the planet, has ignored it, even the Associated Press; the oldest news organization in the United States of America;

The media blackout on Ameer winning in court and being allowed back into school in New York is fascinating, frightening and alarming. A vein in the beast was sliced with this recent victory – not quite an artery, but a vein – and the beast is temporarily hiding its wound as it plots it’s next move against the populace.

The elites are very angry that Ameer is back in school.

Disabled Vaccine Injured 9 Year Old Boy Back In School

New York Democrats Kicked Him Out, But Now He’s Back!

***Update 11-13-2019 — 24 hours after this historic courtroom decision, not a single news organization has picked up the story. The *only* coverage of this came from P&T® Community, who provides information to pharmacy and therapeutics committee members; however even that was quickly pulled off of the internet.

November 12, 2019 — God bless Del Bigtree and the ICAN Network! Thanks to their legal efforts a temporary restraining order has been granted sending a 9-year-old vaccine injured boy named Ameer back to school. This is important for at least 3 major reasons

  1. Ameer is a human being who deserves to be treated with dignity and respect; and he deserves an education.
  2. This proves that in New York the law is clear – only doctors can write medical exemptions to vaccination, the Department of Health cannot override the doctor’s expert opinion.
  3. This opens the doors for other medically fragile children who were kicked out of public school to have a pathway back in.

How truly disgusting is it that Governor Cuomo and the New York Democrats have become the party that kicks disabled and injured children out of school?!? I never in my lifetime thought I would see the day the Democrats – my own party – would sink so despicably low. All of the Democrats who did this to Ameer must pay by being kicked the hell out of Albany in the 2020 elections.

Thank god there is a judge in New York who brought a little bit of justice to this disabled, injured 9-year-old boy and his family. This is a much needed victory for Health Freedom and Vaccine Choice Advocates in New York. Below is the complete press release from ICAN and Del Bigtree: (below that is a youtube video of Del Bigtree and Ameer’s father)

***

New York Judge Re-Admits Expelled Disabled Student Missing Single Vaccination, According To Informed Consent Action Network

BUFFALO, N.Y., Nov. 12, 2019 /PRNewswire/ — A New York State court granted a temporary restraining order today, re-admitting disabled student Ameer Hamideh to school at the CHC Learning Center here, according to Informed Consent Action Network (ICAN) which supported Ameer’s case.

Nine-year old Ameer became an unwilling national story when he was expelled from school at CHC in October because he lacked a single mandatory vaccine for school attendance.

Ameer has numerous neurological impairments, including cerebral palsy, epilepsy, and a seizure disorder. He has received all vaccinations required to attend school, with the exception of a fifth dose of a pertussis (whooping cough) Tdap vaccine.

Ameer was expelled even after his life-long treating pediatric neurologist submitted a medical exemption to the school. He was expelled because the New York State Department of Health opined that the medical exemption should be denied.

Because of Ameer’s previous severe reaction to the DTaP vaccine—most recently a grand mal seizure that sent him, uncontrollably screaming, to the hospital—his parents Ali and Orooba Hamideh followed the advice of Ameer’s physician to not give him an additional dose.

ICAN took up the family’s cause and turned its team of attorneys to the case, which pointed out—among other things—New York state law allows any doctor to provide a valid medical exemption, and does not provide the Department of Health the authority to overrule that exemption.

“This is so satisfying because of what it means for the Hamideh family,” says Del Bigtree, founder and CEO of non-profit ICAN. “The State thought they could steamroll the Hamideh family. Their bureaucratic decision regarding Ameer’s medical treatment, made without ever even talking to his doctor, could have seriously injured him.” 

Ali and Orooba Hamideh appeared on the October 24th episode of ICAN’s weekly online fact-based medical and health news show “The HighWire with Del Bigtree,” which streams Thursdays at 11am PST on https://thehighwire.com/, YouTube, Facebook and Twitter (@HighWireTalk). 

SOURCE Informed Consent Action Network

Related Links

icandecide.org

SOURCE Informed Consent Action Network

***

The below youtube video is of Del Bigtree interviewing Ameer’s father after the temporary restraining order was granted: In this video I learned for the first time that Ameer’s lawyer is the legendary Aaron Siri; the same lawyer who deposed Stanley Plotkin for 9 hours.

First Freedoms Needs Your Help For NY Vaccine Court Cases

October 2, 2019 — New York may have a “stay” granted that will “pause” the repeal of the religious exemption to vaccination and allow unvaccinated children back into school. If it is granted, Tens of thousands of children will be allowed back into school for the duration of the legal proceedings. That is a very big deal to these children and their families.

The legal team that has gotten us here – James Mermigis, Kevin Barry and Elizabeth Brehm – needs your financial help. First Freedoms is the non-profit that we can donate to in order to help them continue their fight. Please give whatever amount you can. Right now New York is ground-zero in the fight for Health & Religious Freedom. A financial gift from you to this battle has a spiritual significance to it; even if you can only give $10, please do!

(Please note that none of these financial donations come to The Fed Up Democrat. Everything I do and write is 100% for free. I do this solely out of love and passion for the critical issues of Health Freedom, Religious Freedom, Vaccine Choice and Bodily Autonomy.)

Here is all of the information you need to donate to this cause, followed by a legal update from John Gilmore.

There are two ways to donate:

(1) Donations can be made online via PayPal (www.paypal.me/firstfreedomsinc) and Venmo (@First-Freedoms) or by check to First Freedoms, PO Box 1816, NY, NY  10113-1816

(2) Marilyn McDermott and Melissa Chios are hosting a wine and cheese party at the McDermott’s home, in Cold Spring Harbor on Thursday, October 3rd at 6pm to support First Freedoms and the New York lawsuits. Please RSVP to Marilyn McDermott at marilyn@themcdermottfamily.org or at 917-328-6437. $500 minimum donation to attend. If you have someone you would like to attend, please contact me. 

Legal Updates:

First read my update on these court cases here: WE ARE REAL! Update on NY Vaccine Legal Challenges: 9-30-19.

Then read John Gilmore’s update from 10-1-19 in all italics below:

***

(Lead Attorney James) Mermigis said he was pleased with the hearing (on 9-30-19 in Bath, NY) and that Judge Robert Wiggins said he would be issuing a decision very quickly. Wiggins is a Republican and he has made decisions in the past directly at odds with the preferred outcomes of Gov. Cuomo.

     Mermigis also said that the Attorney General has abandoned efforts to have Judge Denise Sher, who is also a Republican, removed from a similar case filed in Nassau County, and that the Attorney General’s office suggested that all the similar cases around the state be unified under Judge Sher once it became known to them that the issue was also going to be heard by Judge Wiggins.

     Co-counsel Kevin Barry said the case hinges on two sections of the New York State Constitution, which is older than the US Constitution, Article 1, Section 3, which says,  “The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind;”. And Article 11, Section 1.  “The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated.”

     Many are concerned that if Judge Wiggins issues a stay on enforcing the law which allow children to return to school, the State would immediately file an appeal with the Fourth Appellate Division seeking to void the stay. Mermigis noted that seven of the eleven Judges in the Fourth Appellate Division were appointed by Republican Governor George Pataki. Party affiliation is significant because the repeal in the legislature was heavily opposed by Republicans and favored by Democrats.

    The courtroom (on 9-30-19, in Bath, NY) has fewer than twenty seats for the public, so the vast majority of people were outside in the town square park across the street from the courthouse.  There was a large number of Amish and Mennonite people present. The vast majority of children from those communities are not vaccinated and the new law, which was rammed through the legislature by Governor Andrew Cuomo, has entirely shutdown the school systems of those communities.

    Law enforcement for the town of Bath and Steuben County closed the street in front of the courthouse to traffic to accommodate the crowd,  arranged for portable toilets to be stationed in the park, arranged for several food trucks to open for business,  and opened the nearby fairgrounds for fee parking. At a candlelight prayer vigil in the park on Sunday night there was exactly one law enforcement officer and he was holding a candle.

WE ARE REAL!

Update From NY Vaccine Legal Challenge: 9-30-19

September 30, 2019 — I spoke to a mom – and a dear friend – who was in Bath, NY today for the hearing where oral arguments were presented to stop the repeal of the religious exemption to vaccination. Approximately 1,000 people showed up. A candlelight vigil was held last night of about 200 people. The above picture shows perhaps the most prolific sign of the event – WE ARE REAL!

Very few people were allowed in the tiny courtroom today – some said 20 people at most were present. The judge who heard the case is a small-town conservative judge, which may help us get a fair hearing of our side of the case. The attorneys reported that the judge said there will be a decision made “very soon.”

It appears the strategy of Attorneys Elizabeth Brehm, Kevin Barry & Jim Mermigis is to file in multiple jurisdictions. A similar case was also filed in Nassau County as well as Suffolk County. They are able to do this because the plaintiffs in the case come from multiple jurisdictions. The judge who was going to hear the case in Nassau County was appointed by Republican Governor George Pataki. The New York Attorney General’s Office was fighting to get that judge removed from the case. However, when they found out they had to go to small town Bath, NY, I am sure the AG would have much preferred to be back in Nassau County Court; Pataki appointee and all.

Remember these lawsuits are separate from the case filed in Albany, NY by Robert F. Kennedy Jr. and Michael Sussman funded by Children’s Health Defense. The most notable difference is that the case filed in Albany is making federal claims while these cases only makes state-based arguments. The RFK Jr. case has the potential to rise all the way to the Supreme Court of the United States. The cases in Bath and Nassau County do not, as they only make New York state-based claims.

The below in all italics comes from Rita Palma, who was present today in Bath, NY:

***

Some notes from the preliminary injunction hearing on the lawsuit that challenges the repeal of the religious exemption in New York State:

(1) The judge said he will come to a decision ‘very quickly’.

(2) (Attorney) Jim Mermigis felt that the AG’s office did not fight back hard. Their arguments, they say, speak for themselves.

(3) Jim went into great detail about the aborted fetal tissue contained in the vaccines and the process by which this ingredient was collected.

(4) At one point, the AG’s office brought up the fact that the kids were already kicked out of school so where is the irreparabile harm? It already happened, Jim was quick to point out that everyday a child is kicked out of school it is harm to them. The stenographer was cringing as Jim spoke and the judge seem startled as well.

(5) The oral arguments took about an hour. About a thousand people showed up. Please stay tuned for more public information about additional suits as they are filed and it is appropriate to share the information.

Measles in Nassau County, NY?!?

NY AG Attempts Manipulation of Court System

There is a case in Nassau County, NY challenging the repeal of the religious exemption to vaccination and the judge hearing the case was appointed by former Republican Governor George Pataki. The Attorney General of New York, Democrat Letitia James, is attempting to have the judge removed from the case.

I wonder why?!

Add to it that New York Department of Health officials are claiming Nassau County now has new measles cases. Read the press release below from John Gilmore for more details on a PRESS CONFERENCE TODAY:

***

Join us Monday, September 23rd, 10:30 am,

Theodore Roosevelt Executive and Legislative Building

1550 Franklin Ave, Mineola

To demand FACTS behind the claims of measles in Nassau County and demand JUSTICE for parents challenging the repeal of the religious exemption.

Nassau County suddenly reports there are two measles cases in the county after the Attorney General tried to change the Judge in the Mermigis/Barry lawsuit to challenge the repeal of the religious exemption.  But where are the facts behind the reports? Doesn’t the Dept. of Health think the public has a right to know all the FACTS/ DETAILS about these cases?

  • What tests did the Nassau County Department take to determine these measles cases?
  • What types are they?
  • Are these vaccine-strain measles?
  • Are they from vaccine failure? Did the cases appear because others are shedding the live virus from the vaccine itself?
  • Are they exotic strains?
  • Where are these cases and do these people LIVE in Nassau County?
  • Are these cases being quarantined?
  • Why is the Attorney General Leticia James trying to challenge and change the judge in the Mermigis/Barry lawsuit that challenges the repeal of the religious exemption? Manipulation, anyone?

PLEASE JOIN US! Encourage the media to get the facts behind the fear. If we show up, they care.
SIGNS:
DEMAND JUSTICE!
DEMAND SCIENCE!
HEALTHY KIDS BELONG IN SCHOOL (we are getting VERY good feedback on this message