Judge Denies Injunction of NY Law Repealing Religious Vaccine Exemption

Judge Denies Injunction of NY Law Repealing Religious Vaccine Exemption

On Aug. 23, 2019, New York State Supreme Court Judge Denise Hartman issued an Opinion upholding a law passed by the New York State Legislature and signed by Governor Andrew Cuomo on June 13, 2019 repealing the legal right of parents to obtain a religious exemption vaccination for their children to attend school and daycare programs.1 2 3 

Even though New York school children have a 97 to 98 percent statewide vaccination rate for two doses of MMR (measles-mumps-rubella) vaccine,4 the New York legislature moved to repeal the religious exemption to vaccination on one day with no public hearings in response to a measles outbreak in New York City and nearby Rockland County that began in the fall of 2018 in orthodox Jewish neighborhoods with low vaccination rates.5

Judge Hartman’s ruling is the second rejection by the New York Supreme Court of a legal effort by parents to delay or stop the implementation of the new law banning children from attending school unless they have a state health department-approved medical exemption to vaccination. On July 12, 2019, New York Supreme Court Judge Michael Mackey denied a request for a temporary restraining order to delay  implementation of the new law. The restraining order request was filed by civil rights attorney Michael Sussman of Goshen, New York and Robert F. Kennedy Jr., founder of Children’s Health Defense, on behalf of 55 families holding different religious beliefs.6

According to news reports:

The new law says unvaccinated kids must be kicked out of school next month unless they get their first shot within the first 14 days of school and can document within the first 30 days of school they have appointments for follow-up doses. Schools face fines of up to $2,000 for each child admitted in violation of the law.s.3

Judge Rejects Legal Arguments Challenging Constitutionality of Religious Exemption Repeal by Legislature

In her 32-page decision, Judge Hartman refused to grant a preliminary  injunction that would have halted implementation of the repeal of the religious vaccine exemption by the New York legislature in response to a lawsuit filed by Sussman on behalf of plaintiffs. The lawsuit challenged the constitutionality and legality of the law repealing religious exemption to vaccination based on the First Amendment right to free exercise of religion and the U.S. Constitution’s Equal Protection Clause and, additionally, argued that the new law forces plaintiff’s to either engage in compelled speech or violate New York’s mandatory  education laws.7

Last year, approximately 26,000 children in New York attended school with a religious exemption to vaccination, which represents less than one percent of all school children in the state. About 4,500 attended school in New York last year with a medical exemption.8

In considering the accounts of 330 parents who had submitted sworn affidavits to the court explaining how they planned to leave the state or home-school them rather than vaccinate them, Judge Hartman acknowledged the “magnitude of disruption and potential harm” families may suffer if they are forced to violate their religious beliefs and vaccinate their children, teach them at home or leave the state. However, she wrote, “The Court is hard-pressed to conclude that the plaintiffs have shown that the balance of equities tips decidedly their favor.”2 3

Judge Hartman determined that the plaintiff’s legal challenge to the new law would not be successful. She wrote, “Because plaintiffs have not demonstrated a likelihood of success on the merits, the Supreme Court denies the request for a preliminary injunction; the legislative repeal of the religious exemption remains in effect.” She noted that, “For at least a quarter of a century, the courts have repeatedly upheld the states’ compulsory vaccination laws.”1 2

1905 Jacobson v. Massachusetts Ruling Cited

In her ruling, Judge Hartman cited a number of legal precedents that have affirmed the constitutional right for states to enact mandatory vaccination laws for residents, beginning with the seminal 1905 U.S. Supreme Court decision in Jacobson v. Massachusetts.9

That Supreme Court ruling at the turn of the 20th century upheld a Massachusetts law using “police power” to “keep in view the welfare, comfort and safety of the many” and mandate smallpox vaccinations for all residents, even when individuals believe they will be harmed by vaccination or have religious or other beliefs opposing vaccination. However, at the end of their written opinion maintaining that protecting the public health outweighed individual rights, the Court justices warned that: “we are not to be understood as holding that the statute was intended to be applied” to those for whom vaccination “in a particular condition of his health or body would be cruel and inhuman to the last degree.”

All laws,’ this court has said, ‘should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character.  The reason of the law in such cases should prevail over its letter… Until otherwise informed by the highest court of Massachusetts, we are not inclined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination, or that vaccination, by reason of his then condition, would seriously impair his health, or probably cause his death.9

Unfortunately, the Jacobson v. Massachusetts decision in 1905, which held that protecting the public health outweighed individual liberty, was used by a 1927 U.S. Supreme Court to rule in Buck v Bell that states have the constitutional authority to involuntarily sterilize citizens the state considers to be a threat to the public health.10

The Court invoked the same utilitarian rationale used to justify forcing individuals to get vaccinated for the “common good” to give permission to the states to force individuals deemed genetically defective to be sterilized for the common good. Supreme Court Chief Justice Oliver Wendell Holmes coldly declared, “The principle that sustains compulsory vaccination is broad enough to cover cutting the fallopian tubes.”11

Citing the 1905 Jacobson v. Massachusetts ruling, Judge Hartman wrote, “For at least a century, the courts have repeatedly upheld the states’ compulsory vaccination laws.” She quoted from the 1944 Supreme Court case Prince v Massachusetts, “the right to practice religion does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death.”

States Have Constitutional Authority to Mandate and Allow Exemptions to Vaccination

Although states have the constitutional authority to pass mandatory vaccination laws, state legislatures also have the constitutional authority to allow exemptions to vaccination, including for health reasons or for personal beliefs. Until 2015, all but two states provided for religious exemptions to vaccination and 16 states allowed conscience or philosophical belief exemptions. In 2015, California repealed the personal belief exemption for religious or philosophical beliefs and, in 2019, Maine and New York repealed the religious exemption.

In mid-August, thousands of people supporting the  lawsuit challenging the constitutionality of the new law repealing the religious vaccine exemption gathered in and around the courthouse in Albany, New York to hear oral arguments in the case. “Many in the crowd wore white, comparing themselves to ‘Las madres de Plaza de Mayo,’ mothers who protested the murder and disappearance of their children under brutal military rule in Argentina,” observed Gwynne Hogan of New York Public Radio.2

Sussman argued that the religious rights of parents were being violated and that there had been a “climate of hostility towards people’s religious beliefs leading up to the removal of the religious exemptions.”2

After Judge Hartman issued her ruling, attorney Sussman indicated that the plaintiffs likely will appeal.1 2 3

New York Health Department Restricts Medical Exemptions

Six days before Judge Hartman issued her opinion, on Aug. 17, 2019, New York State Department of Health officials issued emergency regulations restricting medical exemptions to vaccination for children attending school or daycare.12 According to health officials, the new regulations will prevent parents from obtaining medical exemptions for their children for health reasons that public health officials do not consider valid vaccine contraindications qualifying for a medical vaccine exemptions.

The new regulations require doctors granting a child a medical exemption to vaccination to complete a state form specifically outlining medical reasons for why a child cannot receive each state mandated vaccine. If those reasons do not conform to state-approved vaccine contraindication guidelines, the medical exemption will not be accepted by the state and the child cannot attend school or daycare unless all state mandated vaccines are administered.

State public health officials and medical trade associations direct doctors to strictly adhere to vaccine contraindications approved by the federal Centers for Disease Control and Prevention (CDC). According to CDC guidelines, there are very few contraindications to vaccination.13


References:

1 Campbell J. Judge upholds New York vaccination law days before school starts. Press Connects Aug. 26, 2019.
2 Hogan G. Ruling Against Anti-Vax Parents, Judge Upholds Ban On Religions Exemptions To Vaccines. Gothamist Aug. 26, 2019.
3
Mulder JT. NY court upholds ban on religious exemptions to vaccinations. NYup.com Aug. 26, 2019.
4
Centers for Disease Control and Prevention. Vaccination Coverage for Selected Vaccines and Exemption Rates Among Children in Kindergarten — United States, 2017–18 School Year.  Morbidity and Mortality Weekly Report Oct. 12, 2018; 67(40); 1115–1122.
5
National Vaccine Information Center. New York Bill Removing Religious Exemption to Vaccination Turned Into Law on One Day with No Public Hearings. The Vaccine Reaction June 14, 2019.
6
Bump B. Judge denies request to block New York vaccination law. Times Union July 12, 2019
7
State of New York Supreme Court. Hon. Denise A. Hartman Decision and Order Index No. 4108-19 in F.F. on behalf of her minor children et al v. State of New York, Andrew Cuomo, Governor; Letitia James, Attorney General. Aug. 23, 2019. 
8
Precious T. New York Ends Vaccination Exemptions Based on Religious BeliefsBuffalo News June 13, 2019.
9
Jacobson v. Massachusetts. 197 U.S. 11(1905). Cornell University Law School.
10
Stern AM. STERILIZED in the name of Public Health. Am J Public Health 2005; 95(7): 1128-1138.
11
Fisher BL. Forced Vaccination: The Tragic Legacy of Jacobson v. Massachusetts. NVIC Newsletter Nov. 2, 2016.
12
Associated Press. NYS issues stricter rules for vaccine medical exemptions. WBFO 88.7 Aug. 17, 2019.
13
CDC. Recommendations and Guidelines of the Advisory Committee on Immunization Practices (ACIP): Contraindications and Precautions. Table 4-2. Conditions incorrectly perceived as contraindications or precautions to vaccination (i.e., vaccines may be given under these conditions). CDC.gov. Jan. 10, 2019.

53 Responses to "Judge Denies Injunction of NY Law Repealing Religious Vaccine Exemption"

  1. Brian   August 29, 2019 at 11:19 am

    Aug 21, 2018 Death by vaccinations from the CDC

    How to get the information from the CDC about vaccines and damage done.

    https://youtu.be/dUogHxlVGOM

    Reply
  2. Carolyn   August 29, 2019 at 6:13 pm

    This ruling extends even to the Amish with a 100% religious exemption rate. Amish children who have not been vaccinated will not be allowed to ride on school buses in New York state when school starts next month, placing them at risk as they walk to their own schools, attended by nearly 500 students..

    Unvaccinated Amish may not ride school buses; schools face civil penalties: http://www.oleantimesherald.com/olean/unvaccinated-amish-may-not-ride-school-buses-schools-face-civil/article_ebaa5920-2d1b-5042-a22f-5171cb8206b8.html

    Frightening. Never thought I would see the day American liberties were stripped away.

    Reply
  3. Hans Kasper   August 29, 2019 at 9:51 pm

    What did you expect? Liberal judge issues a liberal opinion to force the case to the US Supreme Court. Let us suppose that the SC reverses this NYSC decision. The next step NY will take is to ignore the SC decision because the SC has no enforcement ability AND NY will claim States Rights under the tenth amendment.

    Reply
  4. Mike C   August 29, 2019 at 9:56 pm

    Shane NY. You are a despicable lot by denying Free Choice on the vaccination issue. You don’t own our children. We do. No wonder people are moving out of your state. Shame on this “judge,” the legislature, and your corrupt executive branch, IMO. I will never again visit your state. Shame….

    Reply
  5. Mike C   August 29, 2019 at 9:59 pm

    `Shane NY. You are a despicable lot by denying Free Choice on the vaccination issue. You don’t own our children. We do. No wonder people are moving out of your state. Shame on this “judge,” the legislature, and your corrupt executive branch, IMO. I will never again visit your state. Shame….

    Reply
  6. Gary   August 29, 2019 at 10:08 pm

    The companies producing the vaccines are responsible for the safety and efficacy of their product(s) and the rule(s) giving them immunity from prosecution is a root cause of the problem. If they were held accountable for their products adverse effects when it happens, their attention to the safety will be acquired. The drug and pharmaceutical companies are after the most profit and in effect using the public as guinea pigs.

    Reply
  7. Num Guy   August 29, 2019 at 10:09 pm

    This is not surprising. Even the Supreme court has said vaccines are unavoidably unsafe.

    Our only chance of beating the vaccine industry is to have the 1986 law that shields them from all lawsuits repealed.

    Big Pharma has everyone in aMERCKa in their pockets including National Pharma Radio (aka NPR), Pharma Broadcasting Service (aka PBS), the Center for Deceit and Corruption (aka CDC), and the Fraud and Death Administration (aka FDA)!! And don’t forget our Congress. They are the ones who passed the 1986 law.

    Reply
  8. elen   August 29, 2019 at 10:17 pm

    Government should never have jurisdiction over our rights to have informed consent and to be able to refuse anything to be done with our bodies that we or parents do not approve of

    Reply
  9. Paul Revere   August 29, 2019 at 11:13 pm

    So much for the separation of Church and State that he Liberals and Devilcrats like to blather on and on about, when it suits them. We have no right to pray in our Taxpayer funded Public Schools, and now our children cannot attend any School in the the State whether it is Public, Private, or Parochial unless the parents are willing to violate their their Religious beliefs and vaccinate their children with vaccines that are developed, tested, and produced with Abortive Fetal Tissues.

    Reply
  10. Paul Revere   August 29, 2019 at 11:42 pm

    People, you thought that you lived in a Country with a Constitution, and Bill of Rights, but you just found out that very few Politicians, as well as Judges, takes their Oath to support and defend the Constitution seriously. No, it’s just something.they say when they are getting sworn in; a mere formality, with no intention of abiding by that oath. Do you still think that you live in a free Country? If you say so. Let me recommend a You Tube video on the subject by the late Comedian, George Carlin. It’s called, “Who Owns America?” George Carlin sums it up in all of 3:22 minutes. It is definitely worth your time.

    Reply
  11. Timothy Branson   August 29, 2019 at 11:57 pm

    Home School. Blessings sometimes come disguised.

    Reply
    • Elaine   August 30, 2019 at 9:34 am

      They will eventually go after homeschoolers, I’m afraid.

      Reply
  12. Paul Revere   August 29, 2019 at 11:58 pm

    It was reported that Muslim parents in Great Britain refused to have their children vaccinated by the British Health Service, for the Flu, because the vaccines in question were produced with porcine, or pig cells, and pig DNA, which is not Halal, in meeting with Islamic laws. You will note that Britain, as well as the European Union have no Constitution, or Bill of Rights, as we do in the Untied States, yet the parents of these Muslim children will not be forced to violate their Faith, and Sharia law, and take the vaccine. The Muslims in Britain, and Western Europe will get a pass, and not have to violate their Religion. However, No other Religion, or Denomination will get the same respect, or courtesy, and their children will be forced to take the Flu vaccines. It just goes to show quite openly, that some people, and groups are more equal than others.

    Reply
  13. Paul Revere   August 30, 2019 at 12:06 am

    In New York State, and California, you have the right to abort, or murder, a baby, even as it is being born, but once you become a parent, you have no rights as to what is injected into your children. This is State sponsored Medical Tyranny.

    Reply
  14. Toni   August 30, 2019 at 12:29 am

    And the burning question is – what about all those illegals living in New York? Are they making them get vaccinated? Probably not. As I learned in Texas, they don’t require vaccination records or even that they be tested for TB; we’re just required to enroll them in school period, reguardless of any evidence of illness. As a result, we’ve had at least one TB outbreak at a school in Texas. But of course, that didn’t even make the news!

    Reply
    • LB   August 30, 2019 at 1:44 pm

      Don’t know about Texas, but in New York they do require children of illegal imigrants to show proof of vaccination.

      Reply
    • Riverwatch Mowery   August 30, 2019 at 7:30 pm

      Thank you for this reminder. What can be done about this disparity of justice?
      There is such an erosion of religious freedom, expression, and thought in the USA in the past few years. This is documented evidence of that.
      I do not understand some of the political thinking of today that represses freedom of speech in favor of “political correctness”……I do not understand Pro-Life people who then refuse laws for welfare for in-need mothers, (kicking them off the welfare system), politicians who refuse to vote for reduced lunch rates for children in need, politicians who vote against Head-Start & other government programs for children at risk. Yet they call themselves “Pro-Life”.
      I do not understand Pro-Choice people who want choice where destroying fetal life is concerned but do not uphold a parent’s right to guide their child’s exposure to known threats from vaccinations. Reason is evaporating under the stress of climate change and it always has evaporated in the quest for power.

      Reply
      • Redpill   September 3, 2019 at 10:28 am

        Pro-Lifers in reality are PRO-BIRTHERS.

        “I do not believe that just because you are opposed to abortion, that that makes you pro-life. In fact, I think in many cases, your morality is deeply lacking if all you want is a child born but not a child fed, a child educated, a child housed. And why would I think that you don’t? Because you don’t want any tax money to go there. That’s not pro-life. That’s pro-birth. We need a much broader conversation on what the morality of pro-life is.”
        Benedictine Sr. Joan Chittister

        You have an exceptionally narrow perceptive of what it means to be PRO-CHOICE. You are doing the same thing that the PRO-VACCINE apologist and advocates have done paint anyone who oppose vaccination as anti-vaxx. Pro-Choice involves medical autonomy. Mandating choice is one of the reasons that pharma and the government is making a move against parents’ rights to choose. When you start taking away choice in one area you open the door and set a precedent to do so everywhere. Ex: I don’t like guns and don’t think that people should own assault weapons and the 2nd amendment has been grossly misinterpret as we no longer need citizen militias but I will fight for the rights of people to own firearms. Because I’m PRO-CHOICE. Only narrow-minded people think that PRO-CHOCE means PRO-ABORTION.

        Reply
    • Redpill   September 3, 2019 at 10:01 am

      Typical people go after immigrants. If you look at the stats from the countries these individuals are comin from you will see that they are heavily vaccinated. Those that are imprisoned in trump camps are heavily vaccinated the minute they are confined which is why they had a big mumps outbreak back in the spring in Texas. Now another outbreak has occurred:

      CDC reports more than 900 mumps cases in immigrant detention centers
      https://abcnews.go.com/Health/cdc-reports-900-mumps-cases-immigrant-detention-centers/story?id=65268579

      It is difficult to pinpoint the first case of mumps in U.S. detention centers. But while vaccination rates lag in many European countries, the CDC says there are high vaccination rates in Central American countries. According to the CDC report, “Vaccination coverage in El Salvador varies from 90% to 93%, depending on the vaccine, while vaccination coverage ranges from 93% to 98% and 88% to 93% in Guatemala and Honduras, respectively. El Salvador, Guatemala, and Honduras administer vaccines in accordance with the World Health Organization’s (WHO) Expanded Program on Immunization.”

      If you are referring to migrants that come into thee US and overstay their visas which Homeland Security says is the largest group of illegals because they have overstayed their visa-do you have stats on what their vaccination status is?

      Here’s a thought that I’m sure no one has thought about since the article says that they don’t really vacciate migrants becuse their stay inside is “short-term” which is a lie, could the outbreaks of childhood illness manifes from vaccinated US personnel that work in the camps?

      Reply
  15. DR Richard   August 30, 2019 at 12:56 am

    NY –revolt and get Scotus involved-The Jews there need to revolt and fight for their beliefs–or they will have another Holocaust–did they learn nothing from what Hitler did? Quit being wimps–no one will save you but yourselves–do you think Israel would let someone overrun their country–so why would you in NY?

    Reply
  16. Michael   August 30, 2019 at 1:07 am

    You see, public health and public schools are two sides of the same coin. Neither value, and now, even pretend to have the best interests of individual children in mind. Corporations (Robber Barons: Carnegie, Rockefeller and the like), ‘captured both public education and public health in the earl part of the century. Public health doesn’t keep people healthy any more than compulsory public schooling helps children learn. Learning is innate. It is what the brain does naturally when we plant that brain in a healthy, natural environment, something public health and compulsory schooling are not. According to John Taylor Gatto, author of Dumbing Us Down, former teacher of the year and the State of New York, the goal of both public health and public schooling is conformity and obedience to authority. That is the hidden agenda of both public schooling and public health, now not so hidden – but in plain sight. What happens when we wake up and realize that we don’t need either one? Deeper still, what happens when we realize that the harm these twins inflect in their crushing demands for obedience and conformity is far worse than the carrots and sticks they wave? Freedom is just another name for nothing left to lose. Imagine being that free and then act on that with passion.

    Reply
    • Riverwatch Mowery   August 30, 2019 at 7:35 pm

      I loved the book from a New York teacher of the year, “Dumbing Us Down”.

      I believe that caring for the masses, loving the masses, honoring the plight of the masses, always begins with honoring and loving the one.
      Tramping on “the one” in order to honor “the many” has never led to good things.

      Reply
  17. Christine   August 30, 2019 at 1:14 am

    We all need to come tougher en mass. Thousands and thousands of children and adults are being injured and killed. NO MORE! This is just 1 liberty, more to come if we do not fight back harder

    Reply
  18. Paul Revere   August 30, 2019 at 1:27 am

    In the 1970s, and 1980s there was a push to remove lead, which is a Neurotoxin, from gasoline, and paint because some children were eating paint chips in Apartment Buildings, and Housing Projects, which caused brain damage, and developmental problems. They also took blood and hair samples from children and found high levels of lead in those samples, related to the car exhausts from engines that ran on leaded gasoline. So lead was removed, since it posed an imminent health threat to our children. Today, we have our children injected with vaccines that are preserved with Aluminum, or Thimerosal, which is Mercury, both of which are Neurotoxins, and both cross the blood brain barrier where these Heavy metals absorb into brain tissue, and the Nervous System. The link between these Neurotoxins and such diseases such as Alzheimer’s, Parkinson’s, Multiple Sclerosis, and Dementia is a great concern to parents. Likewise, the rise in Alzheimer’s cases in the aging Baby Boom generation in relation to their vaccinations against the Flu, show that constant exposure to these Neurotoxins have had a a negative effect on these people, which severely impaired their health. Now, if we needed to take lead out of paint, and gasoline,to prevent brain damage, and developmental disabilities, why then, would we inject Aluminum, or Mercury into our bloodstream, or that of our children? We could preserve these vaccines with Natural Vitamin E, which may be slightly more expensive, but which poses no harm to the patient.

    Reply
  19. Tactical11   August 30, 2019 at 1:51 am

    Since when does the “common good” override Individual Liberty and CHOICE to medicate or not??? What is this Communist China????

    Reply
  20. Linda Ugelow   August 30, 2019 at 6:45 am

    I am confused by the legal terminology such as uphold and repeal used in this article. It would be great if at the end of the paragraph you could translate it into conversational language, like, “this means that they aren’t going to allow kids without vaccines to attend school” or “This means that parents can no longer claim religious exemption.”

    Reading down the article, I got the gist, but I had to read the first couple of paragraphs a couple of times to understand the direction it was going.

    Thanks for helping people like me understand the issues more clearly!

    Reply
  21. Vicky   August 30, 2019 at 7:36 am

    NY and California have left humanity behind and stopped honoring their agreement with the other United States, to uphold and defend the Constitution. They have become hostile opponents of this written agreement, to guard inalienable rights with our lives, and have chosen instead to run their governments as under a dictatorship not unlike communism. In essense they have chosen to be enemies of those who hold dear loyalty to this country. Any state governor who helps advance their evil agenda, is dangerously betraying and placing at risk their own oath of office and welfare of their own state’s citizens.

    Reply
  22. Don   August 30, 2019 at 7:48 am

    The Jacobson ruling in 1905 required Jacobson to pay a $5 fine for refusing the smallpox vaccine; the fine was not deemed excessive and would be equivalent to about $150 today. The Supreme Court ruling stated that it was “true that in every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.” The decision also stated that “General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence.”

    In 1922 in Zucht versus King it was determined that children could be excluded from school for being unvaccinated with the smallpox vaccine. However, in 1910 just 9% of Americans graduated from high school, and twelve years later a high school education still wasn’t necessary for a good job, and most mothers were stay-at-home.

    Contrast that with today, when most students graduate from high school, when a college education is deemed necessary for a good job, when a large proportion of families have both parents working outside the home, and when the threat is not from smallpox but the relatively minor disease of measles (not a “great threat”), which in the past ten years has killed only two people in the U.S. The consequences of excluding a very small minority of children who are not fully vaccinated– whose parents might refuse, for whatever reason, even one vaccine– is not a $150 fine, and is not inconsequential in that today, the effect on family life of a child staying home is enormous. The consequence of children expelled from school is that one parent must stay home to school the children, and in the lowest income families this amounts to a lost income of roughly $10,000 per year, perhaps significantly more, each and every year that the parents– in good conscience and for reasons that are fully supported by published scientific research that is, however, largely ignored by mainstream health authorities– refuse to follow the complete vaccine schedule. This penalty can only be deemed an injustice and oppressive, and amounts to an authoritarian stance by the government against citizens who in good conscience and in good will, disagree with its dictates.

    Furthermore, if children can be expelled from school for the theoretical threat they pose, then we should also expel children of parents who own guns from school, since children of parents who own guns have killed far, far more children is school shootings than have unvaccinated children, and this threat is real and demonstrable, not theoretical. The justification is to protect society, after all, not to punish those who believe differently from the majority, and no one’s guns will be taken away.

    Or, is the justification really to impose disproportionate penalties on those who, in good conscience, believe differently from the majority, in order to force them to comply with the majority?
    And is this authoritarian and tyrannical stance the reason why we fought two world wars?

    Reply
  23. Dwayne   August 30, 2019 at 8:10 am

    Yep, lucifer’s pharma owns near everybody. Prob be some offended who are in denial of reality. All you gotta do is look.

    Reply
  24. Patricia P Tursi   August 30, 2019 at 8:36 am

    Anti Vaccine Japan= lowest infant mortality & longest life span
    https://healingoracle.ch/2018/08/08/anti-vaccine-japan-highest-life-expectancy/

    Reply
  25. Merlene Cover   August 30, 2019 at 8:41 am

    The fact that #NYS is facing this #INHUMANE situation, shows that other states rejection-rate rapily-follow!

    Still, #NYS is a State where its “diverse-citzenry” NEVER backs don’t for fighting for their #HUMANRIGHTS!

    #BobMarley said it best:”Until……..!”

    Reply
  26. Camielle   August 30, 2019 at 8:42 am

    This is socialism folks. Do your research please.

    Reply
  27. HF   August 30, 2019 at 9:03 am

    What a sad country we are living in. Forced vaccinations remind me of the movie The Giver. Pretty soon you won’t be able to leave your house without a daily poke to make sure we all “fall into line” and do exactly what they want. I just can’t understand how they can mandate a product that has literally no safety testing and has no liability. It is like a nightmare come true.
    This is no longer the land of the free, and I don’t think anyone actually believes it is any longer. I’m ashamed of judge Hartman for her lack of research and compassion. Just because a judge ruled a certain way over 100 years ago has nothing to do with what is happening today. What a poor excuse for a ruling. I believe she will face her final judgement one day and it won’t be favorable.

    Reply
  28. Kathleen   August 30, 2019 at 9:11 am

    Everyone needs to read and share this study:

    https://medcraveonline.com/IJVV/IJVV-04-00072.pdf

    43 of 44 vaccines contained organic and inorganic substances that could not be identified. All these vaccines are so contaminated that they should be considered biohazards and be destroyed.

    Also read the book Plague by Judy Mikovits and Kent Heckenlively. (new edition coming 11-19). The bottom line is that these vaccines are also all contaminated with retroviruses from the animal cultures on which they are grown. That is why Mikovits’ research had to be discredited and her professional life destroyed.

    Reply
  29. CAWS   August 30, 2019 at 9:17 am

    Whenever the courts quote the 1905 law they neglect to mention that the farmer was given the option to pay a $5 fine instead of taking the vaccine so he caved. I wish the cheap SOB had appealed.
    Moving or home schooling may save some folks now but with this constant push to revoke our rights soon there will not be anywhere to go and homeschooling has been made illegal in some European countries. In Australia you can’t get your benefits if not fully vaccinated and they target families to take their kids if homeschooling.

    Reply
  30. Elaine   August 30, 2019 at 9:27 am

    We hear over and over again about “protecting others, herd immunity, threat to the public health, etc.” We have to be able to show that “herd immunity” is artificial immunity and not natural immunity and until a judge understands the concept and makes a new precedent, we won’t go anywhere.

    Reply
    • bob   September 2, 2019 at 9:22 am

      Vaccine induced herd immunity isn’t even immunity. It’s a complete fallacy. But the CDC pushes it as if it’s a real thing.

      Reply
  31. Malinda Barker   August 30, 2019 at 9:40 am

    Vaccines are not 100 percent safe and should not be forced. I work in a hospital that requires me to wear a mask during 6 months of flu season, for refusing the flu vaccine. I take the opportunity to educate my patients when they inquire. These folks in NY should band together. Remove their kids from toxic public schools and state approved day cares. Do not subject your kids to toxic injections.

    Reply
  32. Danny   August 30, 2019 at 9:56 am

    I think the legal arguments brought forth before the court to justify the loss of personal freedoms is terrible. And just reading the actions of the legislators and their so called concern is equally disgusting! Having lost the battle hear in California back in 2015, and witnessing the outcry and numbers of active consciously minded citizens flood the capital in Sacramento, Ca to call out Senator “peter pan” on his BS. Let’s me know the State legislative body couldn’t care less about the freedoms, rights and liberties of the people.

    Reply
  33. pien   August 30, 2019 at 10:23 am

    this is plain frightening. the power of big pharma over every aspect of our lives. The Johnson and Johson verdict is the tip of the iceberg. The vaccine industry should be next. We need to protect the whistleblowers and urge them to come forward.
    Is there anybody in congress who is not linked to big pharma?

    Reply
  34. Nick T   August 30, 2019 at 10:28 am

    Here is the real problem; history, and law
    On the side of governments, and now corporations is the fact that people will almost never actually stand up for what is right. I think it might have been Edmund Burke who said something to the effect that, “Given a choice between freedom and tyranny, the majority will always choose tyranny.”
    Bearing in mind that history repeats itself, and even the legal profession is functionally illiterate of the law, government can impose just about anything they want, up to and including injecting your poor innocent children with a toxic sludge.

    Reply
  35. Lady M   August 30, 2019 at 10:55 am

    I don’t understand how states can make completely different laws regarding vaccination exemptions and still claim that these laws are based on science. Real science doesn’t vary based on geography. Do doctors and hospitals in different states decide on what medical protocols they will follow in their state and follow completely different ones in another state? That would be ridiculous! Why are the laws for vaccination different in different states and in different countries if they are based on real science? This alone makes it obvious that these laws are not based on real science.

    Independent scientists need to do more to inform the public about what is truly endangering their health and safety regarding vaccines because the public is still generally brainwashed by the mainstream corporate media and is welcoming these new fascistic laws.

    Reply
  36. Asheley   August 30, 2019 at 12:44 pm

    What the Supreme Court is still covering up is the fact that all “their” codes, statutes, policies and procedures ONLY APPLY TO THEM: GOVERNMENT EMPLOYEES, AGENTS, MILITARY and like. PEOPLE are not subjects to “their laws”.

    Reply
  37. Gary Grover   August 30, 2019 at 1:30 pm

    It’s all about ‘culling the herd’. The Ruling Elite could not care less about the average ‘slave’; especially now with the advent of the robots to take our places. Reference the Georgia Guide Stones; the stone monuments financed and erected in that State by, some believe, Ted Turner – a heavy-duty Eugenics advocate. They clearly state that the world population should only be 500,000; not the 7 billion it is now. How do you think the Rulers will accomplish that? Diet, Injections, Injunctions; as proposed by one of their own – George Bernard Shaw in a 1920’s tome. Now that they have secured the technology, the ‘dumbing down’ of the population, the near elimination of morality and character in most people, the ‘group think’ culture, and the obliteration of logical, critical thought, they are ready to rock and roll – strap yourselves in and hold on tight as the SHTF.

    Reply
  38. Thomas   August 30, 2019 at 1:45 pm

    Research “Convention of States” and help Americans take back America. Term limits on all offices in Washington, DC is only one of the issues we are pushing for. The COS is gaining steam and it’s the only way to get our country back from the unethical, greedy companies that control the very few politicians that hold so much control over all of our lives.

    Reply
  39. Randall Tillotson   August 30, 2019 at 2:50 pm

    This is only the beginning. The U.S. is heading toward a cashless society. Nigeria went totally cashless and hired MasterCard as the contractor running it. Sweden is almost totally cashless to the point that some banks are refusing to accept cash. When the U.S. goes cashless, they will have total control over all of us. ” Adults and children not vaccinated? Access to your bank account is now blocked until you comply!”

    “Our records show that you have firearms. You have 48 hours to turn them into the nearest police station or access to your bank account will be frozen.”

    This is moving very fast, and most citizens don’t seem to care or see the bigger picture, as though it won’t effect them.

    It’s not a prison until you try the door.

    Reply
  40. Joeblow   August 30, 2019 at 4:51 pm

    see https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx

    see art 7

    Forget “vaccination” that’s a distraction. The real issue is consent. The parents are denied inofmed consent. The state law is superseded by US Treaty Law.

    Reply
  41. informed consent   August 31, 2019 at 11:03 am

    It is time to unite this November 2019. Vaccine injury is epidemic. http://www.theVIEevent.com

    Reply
  42. Bob   September 2, 2019 at 9:19 am

    The excuse I read from the various politicians for supporting this forced vaccination was that they were protecting those who couldn’t vaccinate due to immune compromised illnesses or being elderly. In other words, the “herd immunity” fallacy. Either they are very ill-informed or they are being bought off. Or, perhaps they just take a look at the number of pro and con emails and mails and decide which will garner the most votes in the next election. Most people are very ill-informed so I suspect that they got a lot of pressure from foolish/fearful parents.

    Reply
  43. Lisa   September 4, 2019 at 6:02 am

    moderation.

    Sadly the same thing happened to my daughter, my mother was old school and took her without my permission ignoring my concerns, they gave her 4 shots in one visit, and she regressed substantially, all of the sudden she stop talking , & no longer walk, I used to cry when I saw my baby drag her self like an injurel animal through the floor & when she try to stand up after few step used to constantly fall like she didn’t have uper body strength, at 4 years old was not talking normally for her age, and had motor skill issues.It took therapy, & years to recover,I stopped all the immunizations, and let her body heal naturally and gett rid of all the toxins she accumulated, I was able to get a religious exemption for the school, and she flourish became a straight A student, math honor roll, basketball. She rarely get sick with anything, Now with the sudden change in the law, I am lost scare, I am so tired of fighting, I am so exhausted of fighting this giant, they won!, I am destroy!. I haven’t been able to eat sleep, I am a single mom who works full-time, I can not afford to homeschool, I wish I could run away from New York but I can’t, I feel like a trapped animal with a gun against my head. I live in the Bronx there is no support groups, I am panicking, I don’t want my beautiful little girl to go through that again, I don’t want her to suffer again

    Reply
  44. Julie Anderson   September 7, 2019 at 11:09 am

    Lisa, I am hoping you can find a sympathetic doc to listen to your concerns and possibly be brave enough to give you a medical exemption for your daughter. They must be brave indeed to even try to push back against the ridiculous emotionalism prevailing regarding vaccinating everyone for everything and ignoring science–this link is to a web site of physicians who you might contact for help: https://physiciansforinformedconsent.org/

    Your daughter has you, and that is a wonderful thing. Her immune system has matured. My own daughter, in her 30s, had no vaccines until she began to travel to India–she selectively chose to get some vaccines at that time and had no reactions. Our current vaccine schedule is ridiculous as well as dangerous.

    Reply
  45. Nechama   November 3, 2019 at 10:05 am

    Personally, this sounds like a concerted effort to harm children deliberately, plus those who do not reveal harm now, will do so later in life: all in an effort to reduce population. Sounds “strange” but when added to the other harmful agents forced upon humans, such as fluoride, chemtrails (proven to contain deadly toxins), GMOs, “fake foods”, 5G technology, and I suppose more that we are not yet aware of, it ALL leads to depopulation.

    Reply

Leave a Reply

Your email address will not be published.