X-Message-Number: 232 From att!CompuServe.COM!72320.1642 Thu Oct 4 01:56:07 1990 Return-Path: <att!CompuServe.COM!72320.1642> Received: from att.UUCP by whscad1.att.uucp (4.1/SMI-3.2) id AA07264; Thu, 4 Oct 90 01:56:06 EDT Received: by att.att.com; Thu Oct 4 01:42:34 1990 Received: by saqqara.cis.ohio-state.edu (5.61-kk/5.900920) id AA23827; Thu, 4 Oct 90 01:42:32 -0400 Date: 04 Oct 90 01:37:58 EDT From: STEPHEN BRIDGE <> To: KEVIN <> Subject: ALCOR WINS BIG! Message-Id: <"901004053758 72320.1642 EHI57-1"@CompuServe.COM> ALCOR WINS BIG! A News announcement from Steve Bridge October 3 will be a holiday for the Germans, but for cryonicists October 2nd will be independence day. On that day, a California judge agreed with Alcor in its suit against the California Department of Health Services, effectively making cryonics OVERTLY legal in California. Among other points, The DHS is now prohibited from denying completed death certificates and other forms (including the infamous VS-9, the disposition of human remains permit) to Alcor and other organizations, at least on any basis that cryonics is somehow improper or illegal. In addition, DHS is enjoined from making statements to hospitals, coroners, physicians, the press, etc., to the effect that cryonics is illegal or improper. I do not have a list at the moment of the eight specific points which Alcor had asked the judge to rule on, but Carlos Mondragon, Alcor's President, told me that the judge sided with Alcor on each point and that the judge was very careful to address each issue. The DHS could possibly appeal but our attorneys say that the odds on DHS winning the appeal are microscopic. Apparently the Attorney General's office even told the DHS people to settle with Alcor on this, because Alcor was in the right. It is my impression that cryonics in California will come under the legal umbrella of the Uniform Anatomical Gift Act, although I have not seen that in writing yet. If so, it would be a great step toward legal acceptance in other states. All fifty states have the UAGA, so local attorneys and cryonicists would have a framework for persuasion provided by the California ruling. Creating new law at this stage could be chaotic, but merely following the set-up of an existing law may ruffle fewer bureaucratic feathers. Alcor has asked informally (and will file the formal request soon) that the judge additionally require the state to pay the legal fees and court costs of the lawsuit. The judge has said he will accept the matter for consideration, and Alcor's attorney feel we have a good chance to win this point, as well. Such a victory would put some teeth in the decision and perhaps make other hostile governmental entities think twice before launching ill-conceived and illegal attacks on Alcor. Not to mention that it would save us a TREMENDOUS amount of money. Of course, CRYONICS magazine will eventually have a fuller and more authoritative report. It is likely to pop up in your local newspapers this week and in some national publications. Within the next few months I would not be surprised to see it written up in publications for the legal field, as well. Please send Alcor copies of any coverage you see. Alcor Life Extension Foundation, 12327 Doherty Street, Riverside CA 92503 This is not the last legal battle by any means; but this should open up a lot of doors for us. It should mean easier cooperation from hospitals, coroners, and physicians, which is no small thing. It will also go a long way toward pacifying the Riverside County Zoning Board, which has been awaiting the outcome of this suit before acting on our request for a "conditional use permit" for storing frozen patients in our facility. We have a long way to go; but it is always nice to win a big one. Go ahead and celebrate! Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=232