DONATE TO LEGAL FUND

April 6, 2008

Constitutional Rights Denied to Biomed Comm, Inc. by Washington State Pharmacy Board

Actions Outside of the Law; SEATTLE, WA.
In a lawsuit against Biomed Comm, Inc., (BMC) the Washington State Board of Pharmacy (BOP) is blocking consumer access to clinically proven safe and effective patented homeopathic products for all types of consumers. Using a ‘Might Makes Right’ approach the BOP found BMC guilty of ‘unprofessional conduct unbecoming of societal norms’ and ‘manufacturing finished pharmaceutical drugs’.

Civil, Corporate and Constitutional Rights Denied  
A re-examination of court procedures was denied to  BMC, an acclaimed and fledgling , socially responsible C-corporation who has funded research in healthy aging, autism and HIV research in the U.S. and South Africa. All studies clinically proved safety and effectiveness for products sold at reasonable prices and without adverse side effects.

Judge Glenna Hall moved with the BOP’s motion to contradict the laws and disregard fair business practices. Denial of judicial rights to BMC also denies citizen’s rights of access to natural products plus citizen rights to a transparent government. 

The actions taken by the BOP and in King County Superior Court reflect the apparent willingness of some within the government to act with oligarchic ambiguities and deceptions to maintain status quo for the pharmaceutical, health care insurance industry. “The evidence clearly shows,” states Brewitt, “that Department of Health(DOH)/BOP staff preyed upon an emerging, acclaimed and reputable small business.” DOH/BOP memos, evidence and court hearing transcripts up for judicial review reveal the bias, prejudice and palpable injustices assailed on BMC. These are illegal under the law and the judicial review process is designed to evaluate and stop or prevent such violations of life, liberty and the pursuit of freedom/prosperity.

The BMC case exemplifies constitutional and civil right violations.  The BOP acted in the shadows to deny scrutiny of the court. A ‘Bait and Switch’ tactic was used to confuse the court magistrate. In April 2007, the BOP ruled that BMC and Barbara Brewitt, Ph.D., founder/CEO, were one-and-the-same entity. Then, in Sept 2007, the BOP stated that Barbara Brewitt, Ph.D. was separate from BMC, thus could not represent its interests according to court rules. Constitutional rights and significant topics of public interest trump court rules every time. However, the confused identity and judge’s vagueness on the case facts let her deny constitutional rights to BMC of fair treatment under the law. 

The identity ‘shell game’ was used for the BOP’s convenience as a ‘frazzle dazzle camouflage’ protecting the Board from exposure and judicial accountability to the evidence of facts. The sad end result is that both Brewitt and BMC were targeted. BMC, as a small business representing service to citizens demanding complementary and alternative health products, is being treated as if it had no rights at all. 

Prejudicial denial of constitutional rights can only occur in a court system where favoritism takes precedent over liberty and freedom.  The pharmaceutical industry powerfully controls Washington State Department of Health politics in the use of discretionary abuse. The FDA declined the DOH/BOP invitation to take action against BMC or Brewitt.  With no complaints by those using BMC products  however DOH/BOP disregarded the laws and chose to act outside the law targeting BMC for demise. DOH/BOP aligns with conventional pharmaceutical and health insurance industries and supports their plan. This is in full knowledge these industries cost the public and government more than 18% above the Gross National Product for their health care programs. We tax payers pay the price 

In 2005, BMC sought help from the BOP who instead of helping cloaked its staff to gather confidential information and then knowingly and falsely accuse and attack BMC with full intention of shutting it down.  These efforts have not worked and are beginning to unravel in full view of the judicial authorities.  The evidence reveals that the BOP is a conflict-of-interest group working in partnership with the pharmaceutical and health insurance companies of Washington State to block competition that might also care for the needs of the people. 

An appeal to the Division I Court of Appeals is in preparation to request the judicial system honor constitutional rights of corporations as written into Washington State law.  Barbara Brewitt asks that all citizens identify the issues for which a person strongly demands constitutional and civil rights.  “It is our duty as Americans when the path followed has lost integrity, truth and the ability for freedom. At that time it is our duty to change the course followed.” 

2006 Governor’s Blue Ribbon Commission on Health Care Costs and Access.