NY Judge Halts Action by Rockland County Exec Banning Unvaccinated Kids from Public Spaces

NY Judge Halts Action by Rockland County Exec Banning Unvaccinated Kids from Public Spaces

In response to more than 150 cases of measles identified in Rockland County since October 2018, on Mar. 26, 2019 Rockland County Executive Ed Day declared a 30-day public health emergency and banned healthy unvaccinated children under age 18 from entering schools and other public spaces.1 A retired NYPD policeman,2 Day warned that if unvaccinated children without state approved medical exemptions are found in schools, churches, synagogues, shopping malls, restaurants or using public transportation, their parents could face criminal charges and a $500 fine or six months in jail.3 4

On Mar. 28 and Apr. 4, New York legislators supporting a bill (S2994)5 to repeal the religious belief vaccine exemption announced their determination to end all non-medical vaccine exemptions filed by parents on behalf of children attending daycare or school.6 7 If the bill becomes law, New York would join Mississippi, West Virginia and California8 and penalize Americans residing in the state for following their deeply held religious or spiritual beliefs opposed to use of vaccines that can cause injury and death in healthy people.

On Apr. 3, civil rights attorney Michael Sussman filed a lawsuit on behalf of Rockland County parents of unvaccinated children, challenging Day’s “unprecedented declaration of a local emergency and a local emergency order” as “arbitrary, capricious and contrary to law.”9 On Apr. 5, Acting New York State Supreme Court Judge Rolf Thorsen issued a temporary injunction ending the state of emergency so healthy unvaccinated children could attend school and enter churches and synagogues during Easter and Passover this month.10

Attorney Sussman commented,

People’s lives are being affected even though they are not in any way themselves carriers of the disease, they are not affected by the disease. But the people who are affected by the disease are not being quarantined even though they are a much smaller number. That’s the way to proceed.11

Judge Thorsen set an April 19 hearing for the lawsuit. In invoking the temporary injunction, Thorsen pointed out that 166 cases of measles in the county did not rise to the level of an epidemic and could not be defined as a disaster justifying banning unvaccinated children from public spaces. He added that Rockland County’s action “may have been misplaced.”

Quarantine For Sick, Not Healthy People

Day’s use of police power to, in effect, quarantine healthy children by banning them from appearing in public spaces under threat of their parents being criminally prosecuted and punished appears to be the first time in U.S. history that this type of police action has been taken against healthy children and their parents. Historically, quarantine laws apply to actively, infected sick people who are isolated from healthy people until they are well.12 13

In the 18th and 19th centuries, travelers arriving on boats entering U.S. harbors were commonly quarantined for a period of time to make sure anyone infected with yellow fever, cholera, typhus, smallpox and other infectious diseases with high morbidity and mortality rates had recovered before disembarking.14

“We Don’t Want to Bite Anybody. We Just Want You To Obey the Law”

In a Mar. 26 press release, Day stated:

As this outbreak has continued our inspectors have begun to meet resistance from those they are trying to protect. They have been hung up on or told not to call again. They’ve been told “we’re not discussing this, do not come back,” when visiting the homes of infected individuals as part of their investigations. This type of response is unacceptable and irresponsible. It endangers the health and well-being of others and displays a shocking lack of responsibility and concern for others in our community.15

Day was quoted in a Mar. 30 New York newspaper stating that, “Parents will be held accountable if they are found to be in violation of the state of emergency and the focus of this effort is on the parents of these children… We are urging them, once again, now with the authority of law, to get your children vaccinated.”16 In another local paper, he was quoted as saying, “The teeth are there, we’re not biting. We’re showing you the teeth. We don’t want to have to bite anybody. We just want you to obey the law.”17

According to Day, more than 17,000 MMR shots had been administered in the county between October 2018 and the end of March.18

Rockland County Outbreak Began in Fall 2018

Rockland County is located about 15 miles from New York City with a population of around 311,000 and has the largest Jewish population per capita of any county in the U.S.19 The measles outbreak apparently began when a handful of international travelers with measles arrived in the county in September 2018 during Jewish High Holy Days. Subsequently, measles cases were identified among members of an Orthodox Jewish and Hasidic community in Rockland, where a number of residents had not been vaccinated.20

As of Apr. 5, 2019, the Rockland County Health Department officials stated there had been 167 confirmed reported cases of measles in the county, with 82 percent of those infected classified as having had no MMR shots; 8.4 percent having had one or two MMR shots; and 9.6 percent classified as “unknown status.” About 85 percent of the measles cases have occurred in children under 18 years old.21

Jewish Passover this year begins Apr. 19 and ends Apr. 27. Christian observances begin on Palm Sunday Apr. 14 through Easter Sunday and Good Monday Apr. 22. If the Rockland County ban had not been lifted by Judge Thorsen, unvaccinated children without a state approved medical exemption would have been barred from worshipping in synagogues and churches on days that Jews and Christians consider to be among the most holy of the year.

New York City Mayor Declares Emergency, Demands Vaccination in Williamsburg

In nearby New York City, as of Apr. 8, 2019, 285 cases of measles had been confirmed by the health department in Brooklyn and Queens,22 with 228 cases occurring in the Williamsburg neighborhood of Brooklyn, where thousands of Jewish families live.23 There are reports that continuing publicity about measles cases occurring in Jewish communities has resulted in an increase in anti-semitism and prejudice against Jewish people in the city.24

However, on Apr. 9, 2019, Mayor Ed DeBlasio declared a state of emergency and the Health Commissioner ordered “every adult and child who lives, works or resides in Williamsburg” and has not received the MMR vaccine to get vaccinated unless they can demonstrate “they are immune from measles or should be medically exempt.”25 According to the New York City Health Department bulletin, even though it is routinely recommended that children receive the first MMR dose after one year of age and the second dose between ages four and six:

  [Vaccine] providers serving the Orthodox communities in Bourough Park and Williamsburg should administer an additional early dose of MMR vaccine to all patients aged 6 to 11 months during the current outbreak. This dose should not count toward the routine, two-dose vaccine series. Also providers may give children younger than 4 the routine second dose of MMR, provided it has been at least 28 days since the child received a previous dose of MMR, varicella or live intranasal influenza vaccine.26

In a Newsday article, a local medical doctor, who is also a rabbi, was quoted as saying there is nothing in Jewish religion that prohibits vaccination. “The religion was in place long before vaccines were developed,” said Dr. Aaron Glatt.27

States Cannot Discriminate Against Religious Beliefs Not Affiliated with Organized Religions

The seminal 1905 U.S. Supreme Court decision affirmed the authority of state legislatures to enact smallpox vaccination laws during smallpox epidemics.28 29 State legislatures also have the authority to include exemptions to vaccine mandates and, currently, 47 states have religious belief vaccine exemptions and 16 states have conscientious or philosophical belief exemptions.30

In 1987, a U.S. District Court in New York ruled that the state could not force residents to belong to an organized religion or specific church in order to exercise sincerely held religious beliefs and qualify for a religious exemption to vaccination because it violates both religion clauses of the First Amendment:

The United States Constitution mandates that, if New York wishes to allow a religiously-based exclusion from its otherwise compulsory program of immunization of school children, it may not limit this exception from the program to members of specific religious groups, but must offer the exemption to all persons who sincerely hold religious beliefs that prohibit the inoculation of their children by the state.31


References:

1 Rockland County, NY Office of County Executive. Declaration of Local State of Emergency for Rockland County Mar. 26, 2019. Amended Mar. 28 and Apr. 3, 2019.
2 Rockland County, NY Office of County Executive.  Ed Day Bio. 2019.
3 Tampone K. Rockland County’s Ban on Unvaccinated Minors from Public Carries Fine, Jail. Post Standard Mar. 27, 2019.
4
Powell A. With Rockland measles emergency in place, reluctant parents take children for vaccinations. Rockland/Westchester Journal News Mar. 27, 2019.
5 New York Senate Bill 2994: An Act to repeal exemption to vaccination due to religious beliefs.
6 Dunne A. Some Lawmakers Support Vaccine Bill Amid Rockland’s Ongoing Measles Outbreak. WAMC Radio (NPR-NY) Mar. 28, 2019.
7 Fox A. Amid measles outbreak, lawmakers renew push to end religious exemptions for vaccines. AM New York Apr. 4, 2019.
8 National Vaccine Information Center. State Law and Vaccine Requirements. 2019.
9 Sussman & Associates. Lawsuit against County of Rockland, New York. Filed with Rockland County Clerk Apr. 3, 2019.
10 ABC7. Judge Rules Against Rockland County’s State of Emergency Over Measles Outbreak. Apr. 5, 2019.
11 The USA Feed. New York county’s emergency order halted by judge. Apr. 5, 2019.
12 Cetron M, Maloney S et al. Isolation and Quarantine: Containment Strategies for SARS. In Learning from SARS: Preparing for the Next Disease Outbreak (Workshop Summary). National Academies Press 2004.
13 Reed M. Quarantine: Ethical Considerations for Public Health Officials. Mar. 6, 2015.
14
 CDC. Quarantine and Isolation: History of Quarantine. July 31, 2014.
15 Rockland County Executive Press Release Mar. 26, 2019.
16 Tampone K. Rockland County’s Ban on Unvaccinated Minors from Public Carries Fine, Jail. Post Standard Mar. 27, 2019.
17 Kramer PD. Measles outbreak: How Rockland County became ground zero – then hit the ‘third rails’ with emergency declaration. Rockland/Westchester Journal News Mar. 30, 2019.
18 Welch A. Hundreds vaccinated since measles emergency declared in Rockland County. CBS Mar. 29, 2019.
19 New York State: Rockland County.
20 Kramer PD. Measles outbreak: How Rockland County became ground zero – then hit the ‘third rails’ with emergency declaration. Rockland/Westchester Journal News Mar. 30, 2019.
21 Rockland County Health Department. Measles Information. April 5, 2019.
22 New York City Health Department. Measles: Recent Infections in Brooklyn and Queens. Apr. 8, 2019.
23 The Brooklyn Jewish Historical Initiative. Williamsburg.
24 Fox M. NY Supreme Court Justice Halts Measles Ban in Rockland County, Calling It ‘arbitarary and capricious.’ PJ Media Apr. 5, 2019.
25 Associated Press. NYC orders mandatory vaccines for some amid measles outbreak. Apr. 9, 2019.
26 New York City Health Department. Measles: Recent Infections in Brooklyn and Queens. Apr. 8, 2019.
27 Ricks D. DeBlasio declares measles health emergency for parts of New York City. Apr. 9, 2019.
28 Jacobson v. Massachusetts. 197 U.S. 11(1905). Cornell University Law School.
29 Fisher BL. Forced Vaccination: The Tragic Legacy of Jacobson v. Massachusetts. NVIC Newsletter Nov. 2, 2016.
30 National Vaccine Information Center. State Law and Vaccine Requirements. 2019.
31 Sherr v Northport – East Northport U. Free Sch. D.United States District Court, E.D. New York. Summary. Oct. 21, 1987.

12 Responses to "NY Judge Halts Action by Rockland County Exec Banning Unvaccinated Kids from Public Spaces"

  1. Redpill   April 10, 2019 at 8:33 pm

    This article is a little behind. That ban has been lifted but NOW: Mayor Bill de Blasio Orders Forced Vaccinations in Brooklyn-http://vaccineimpact.com/2019/breaking-nyc-mayor-bill-de-blasio-orders-forced-vaccinations-in-brooklyn/.

    Specifics:
    The Mayor’s order goes beyond what Rockland County Supervisor Ed Day ordered, and includes EVERYONE who is unvaccinated within zip codes 11205, 11206, 11221 and 11249 which are part of Williamsburg, Brooklyn, to be vaccinated within 48 hours.

    Members of the city’s Health Department will check the vaccination records of any individual who may have been in contact with infected patients.

    Those who have not received the vaccine or do not have evidence of immunity may be given a violation and could be fined $1,000.

    State Sen. David Carlucci is pushing legislation that would end most exemptions for vaccinations for children going to school.

    “We have to stop this practice of allowing people to opt out of the vaccination process,” Carlucci said.

    We have gone down that rabbit hole people. Even the Governor of NY thinks this is a bad idea BUT money speaks and no doubt someone is offering to help them out with their next election.

    We can help fight this even though we may not live in NY. I believe NY is a test run. Robert Kennedy Jr and his people have filled a lawsuit. Children’s Health Defense is supporting an effort to restrain this order immediately. Please donate: https://childrenshealthdefense.org/about-us/donate/.

    Here is an interesting article that connects the dots of happening with the MSM help over the last few months:
    How to establish National Mandatory Vaccinations
    https://www.healthnutnews.com/how-to-establish-national-mandatory-vaccinations/

    Reply
  2. Michelle   April 11, 2019 at 10:29 pm

    Even Russia doesn’t force vaccination

    Reply
  3. Barbara Lindemann   April 12, 2019 at 12:07 am

    All of us born in the 40’s had measles, and it was not a big deal to me anyway. My whole school class had measles. No one died from having measles, but now children are dying or being maimed from the DPT injections and others from the horrid, dangerous chemical preservatives. I experienced it myself, although not from an innoculation.

    Reply
  4. Maria   April 12, 2019 at 1:02 pm

    Tell the Judge and other people who object that if their CHILDREN OR GRANDCHILDREN GET THE MEASLES AND DIE HOW WOULD THEY FEEL? ..

    Reply
    • Redpill   April 12, 2019 at 9:24 pm

      Could you clarify what you mean here?

      Reply
  5. Maria   April 12, 2019 at 1:05 pm

    The people who object have no Human Feelings for the other children around.

    Reply
    • Redpill   April 12, 2019 at 9:27 pm

      Do you have feeling for these people?

      As of November 30, 2018, there have been more than 92,844 reports of measles vaccine reactions, hospitalizations, injuries and deaths following measles vaccinations made to the federal Vaccine Adverse Events Reporting System (VAERS), including 457 related deaths, 6,902 hospitalizations, and 1,736 related disabilities. -https://www.medalerts.org/vaersdb/findfield.php?TABLE=ON&GROUP1=AGE&EVENTS=ON&VAX%5b%5d=MEA&VAX%5b%5d=MER&VAX%5b%5d=MM&VAX%5b%5d=MMR&VAX%5b%5d=MMRV&VAXTYPES%5b%5d=Measles&VAX_YEAR_HIGH=2018&VAX_MONTH_HIGH=11

      Can you cry for them?

      Tell me, why should parents who chose not to vaccinate their children set their children on fire to prevent someone’s child from burning?

      Reply
    • Redpill   April 13, 2019 at 1:14 am

      FYI: Vaccinated people are contagious. Dr. Poland says it time for a rethink about the measles vaccine and it’s time you have one too because you surely don’t know what you are talking about.

      Vaccinated people are so contagious that St. Jude’s Children’s’ Hospital in their in patient visitors guides tell them to stay away if they have received a live virus vaccine for 4 weeks. http://www.westonaprice.org/wp-content/uploads/St-Jude-Patient-Guide-LG.jpg

      full disclosure: When people began to question St. Jude about live virus vaccine shedding this page was removed and quickly changed to this with a large caveat added but it basically says the same thing – people who have received live virus vaccines are contagious.

      John Hopkins Hospital had the same warning in their guidelines until people began questions them about live viral vaccine shedding:
      http://vaccinecommonsense.com/wp-content/uploads/2016/03/Vaccine-johns-hopkins-shedding-warning-for-immune-compromised.jpg.
      Their page went dark for a few days and than it reappeared re-written, just like St. Judes. John Hopkins says it changed it’s information to stop anti-vax using their material as propaganda which just drew more attention to the fact that they are lying and covering for pharma.

      -Arch Intern Med. 1994 Aug 22;154(16):1815-20.
      Failure to reach the goal of measles elimination. Apparent paradox of measles infections in immunized persons.
      Poland GA1, Jacobson RM.
      Conclusion: The apparent paradox is that as measles immunization rates rise to high levels in a population, measles becomes a disease of immunized persons. Because of the failure rate of the vaccine and the unique transmissibility of the measles virus, the currently available measles vaccine, used in a single-dose strategy, is unlikely to completely eliminate measles. The long-term success of a two-dose strategy to eliminate measles remains to be determined. http://archinte.jamanetwork.com/article.aspx?articleid=619215

      “The measles vaccine has failed,” he explained two years ago in a prescient paper, “The re-emergence of measles in developed countries.” In that paper, he warned that due to factors that most haven’t noticed, measles has come back to be a serious public health threat. Poland sees the need for a major rethink, after concluding that the current measles vaccine is unlikely to ever live up to the job expected of it: “outbreaks are occurring even in highly developed countries where vaccine access, public health infrastructure, and health literacy are not significant issues. This is unexpected and a worrisome harbinger — measles outbreaks are occurring where they are least expected,” he wrote in his 2012 paper, listing the “surprising numbers of cases occurring in persons who previously received one or even two documented doses of measles-containing vaccine.” During the 1989-1991 U.S. outbreaks, 20% to 40% of those affected had received one to two doses. In a 2011 outbreak in Canada, “over 50% of the 98 individuals had received two doses of measles vaccine.”
      Paper: The Re-Emergence of Measles in Developed Countries: Time to Develop the Next-Generation Measles Vaccines? http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3905323/
      Dr. Gregory Poland is Professor of Medicine and founder and leader of Mayo Clinic’s Vaccine Research Group. Poland is one of the world’s most admired, most advanced thinkers in the field of vaccinology.

      Reply
  6. Lawrence Kahn   April 12, 2019 at 3:53 pm

    There are no safe vaccines. If vaccines were safe, why do the pharmaceutical companies have immunity to lawsuits if someone that receives their vaccine is injured. I think Fuhrer De Blasio of New York needs to look into this before he starts demanding people be vaccinated. The pharmaceutical companies need to have some skin in the game.

    Reply
  7. Paul   April 12, 2019 at 10:06 pm

    Please note: NYC’s mayor is Bill DeBlasio, not Ed.

    Reply
  8. Ruby   April 13, 2019 at 11:51 am

    I can never understand how people think people not vaccinated are a threat! These are the people that are in danger. I also think it’s interesting that 85% of the people contracting the measles were vaccinated and only 8.4% or not. This is another scam. Don’t misunderstand me if this were smallpox then vaccinations are a must. Another Hitler move by New York, what are people going to have to carry papers now? This sounds a little familiar.

    Reply
    • Redpill   April 16, 2019 at 11:05 pm

      “Don’t misunderstand me if this were smallpox then vaccinations are a must.”

      Smallpox is not a threat to this country and the vaccine is highly toxic and dangerous. Don’t be fooled into thinking that it was the smallpox vaccine that eliminated Smallpox, it wasn’t according to the foremost authority on Smallpox-Dr. Thomas Mack.

      Dr. Mack’s presentation to the CDC June 19-20, 2002.
      The verbatim transcript of the Meeting of the Advisory Committee on Immunization Practices held at the Atlanta Marriott Century Center, Atlanta, Georgia, on June 19 and 20, 2002.

      Mack was the expert speaker at a meeting in 2002 when Bush wanted to mandate Smallpox vaccine for the nation when he began the Gulf War. Mack was clearly against this and gave his assessment. Provided are pertinent comments but read the entire speech at the link below:

      -I have the opinion that doctors and emergency room workers should not be vaccinated a priori, as a category. I think that is true because the likelihood of their being exposed, even under circumstances of importation, is very, very small. And I also think that that will eventually become mass vaccination, whether we want it to be or not. They will be concerned about their families. There will be people making decisions who have not thought through the risk issues.

      -Unexposed community members have negligible risk. There is a substantial risk from a vaccine, as you’ll hear in a moment. It is the single most dangerous live vaccine.

      -The informed consent that you would have to prepare to vaccinate somebody in the public, if it’s honest, would have to say that the dangers would exceed the benefits. And even if you fudged those words in such a way that you were happy and thought it would be convincing, an awful lot of people who ultimately might be exposed would not be convinced. You’d have to go back again anyway. So I don’t think it would work and I don’t think it would be beneficial.

      -If people are worried about endemic smallpox, it disappeared from this country not because of our mass herd immunity. It disappeared because of our economic development. And that’s why it disappeared from Europe and many other countries, and it will not be sustained here, even if there were several importations, I’m sure. It’s not from universal vaccination.

      http://www.vaclib.org/news/drmacks.htm

      Reply

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