Vaccination Law: Hearing in San Diego as parents fight for injun - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Vaccination Law: Hearing in San Diego as parents fight for injunction

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SAN DIEGO (CBS 8) - The fight over California's controversial law requiring nearly all public school children be vaccinated is not over.

A hearing was held in San Diego on Friday and a judge is now deciding whether to halt the vaccine requirement.

Senate Bill 277 was approved last May and would prohibit parents from seeking vaccine exemptions for their children because of religious or personal beliefs.

SB277 by Democratic senators Ben Allen of Santa Monica and Richard Pan of Sacramento would make medical waivers available only for children who have health problems, forcing un-vaccinated children to be home schooled.

Many opponents, though, have concerns over what they believe is a link between vaccinations and autism. It's a connection that has not been supported by scientific evidence.

The judge held off on ruling an injunction. Poway mother, Rebecca Esteep, is one of more than a dozen plaintiffs in the lawsuit.

"This is about the California constitutional fundamental rights to a public education that every child in this state is guaranteed a right to public education. It's a little bit frustrating as we have had so many school districts return to school this week, next week and the following week," said Esteep.

The state argues un-vaccinated children pose a health hazard for school children in response to the measles outbreak at Disneyland in 2014.

According to the plaintiff's attorneys, SB277 would prevent 21,000 children from going to school.

Court records show the California Department of Public Health reported before Senate Bill 277, personal belief exemptions dropped 19-percent.

While the case is pending parents will have to vaccinate their child to enter school, but those against the measure said this will not force them to vaccinate.

The federal judge said he would make a decision in the next couple of weeks.

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