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NY measles 2019: Parents sue New York City Department of Health to halt vaccine mandate
David Robinson, Rockland/Westchester Journal
Those who have not received the vaccine or do not have evidence of immunity could be fined $1,000
The suit is brought by NYC-based attorney Robert Krakow, and Robert Kennedy Jr and Patricia Finn
The lawsuit contends the emergency orders override the parents and their children’s religious practices
The Brooklyn lawsuit is expected to hold a hearing on Thursday to discuss the case
Parents of New York City children who have not been vaccinated against measles have filed a lawsuit seeking to halt an emergency order requiring vaccinations.
The lawsuit stems from New York Mayor Bill de Blasio declaring a public health emergency for parts of Brooklyn's Williamsburg section following a measles outbreak, mostly affecting the Orthodox Jewish community.
Unvaccinated people living in designated ZIP codes who may have been exposed to measles will be required to receive the vaccine to protect others from the outbreak, USA TODAY Network reported.
Measles is highly contagious, but the vaccination is considered 97% effective, according to the Centers for Disease Control and Prevention.
Rockland County Department of Health workers display posters during a measles (MMR) vaccination clinic at WIC Office in Haverstraw on Friday, April 5, 2019.Buy Photo
Rockland County Department of Health workers display posters during a measles (MMR) vaccination clinic at WIC Office in Haverstraw on Friday, April 5, 2019. (Photo: John Meore/The Journal News)
Members of the City’s Department of Health and Mental Hygiene will check the vaccination records of people 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, the mayor said.
The lawsuit, filed in state Supreme Court in Kings County, accused the city of failing to use the least restrictive means to control measles yet balance the rights to individual autonomy, informed consent and free exercise of religion.
Further, the lawsuit noted city officials took "these dramatic steps without a blueprint for implementation, itself suggesting that a true public health emergency does not exist"
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In addition, the lawsuit contends the emergency orders unnecessarily override the parents and their children’s religious practices and the children’s lawful exemptions from vaccination to attend school, which they have obtained in full compliance with public-health law.
Attorney Patricia Finn speaks outside the Rockland County Courthouse after a hearing on the Rockland County state of emergency because of measles April 4, 2019.Buy Photo
Attorney Patricia Finn speaks outside the Rockland County Courthouse after a hearing on the Rockland County state of emergency because of measles April 4, 2019. (Photo: Peter Carr/The Journal News)
Manhattan-based attorney Robert Krakow is representing the parents, who are identified in court documents by initials. Other attorneys for the parents include Robert F. Kennedy Jr. and Patricia Finn.
Brooklyn's outbreak
The outbreak in Brooklyn began in October, but many of these new cases were confirmed in the past two months. The vast majority of cases are children under 18 – and most of these measles cases were unvaccinated or incompletely vaccinated people.
Health officials said they are concerned the 285 cases of measles in the city, largely in the Williamsburg section of Brooklyn among the Orthodox Jewish community, has been aided by so-called measles parties to purposefully expose their children to the illness to build their immunity.
Krakow spoke to USA TODAY Network about the lawsuit.
"We still believe that the city is overreacting, and in doing so it's damaging my clients' religious rights unnecessarily because there are other ways they could deal with the outbreak of measles," he said.
"This has been going on for seven months and they could quarantine individuals if it was that urgent," he added.
Krakow described the potential that people would decide to vaccinate children under pressure from the government as un-American.
"That to me sounds like compelled or forced vaccination, which I think is not necessary here and in that context goes against the basic principals of democratic society and the constitution," he said.
New York City Department of Health didn't immediately respond to an email seeking comment on the lawsuit.
The lawsuit comes as a similar case of parents suing government officials for overreacting to a measles outbreak unfolds in Rockland County.
A judge recently upheld a temporary order that halts Rockland from barring children who are unvaccinated against measles from schools, places of worship and other public places.
Rockland County Executive Ed Day instituted the emergency declaration on March 26 that barred from public places people under age 18 who lack the vaccinations. But an April 5 court decision said 166 cases cited by the county since the measles outbreak began last October did not rise to an epidemic or constitute a disaster.
The Brooklyn lawsuit is expected to hold a hearing on Thursday to discuss the case, Krakow said, and a four-judge panel is expected to take up the Rockland case at some point this week.
Potential overlap
Krakow said there is a potential for future overlap between the Brooklyn and Rockland measles cases in the appellate court .
"It does seem that the overarching part is of the government overreacting that does not address the public health concern," he said.
Yet the key difference is that Rockland's order sought to ban unvaccinated children from some public places, as opposed to the vaccine requirement under New York City's emergency declaration.
Krakow described the order that people shall vaccinate as extreme in light of the circumstances.
"There have been no deaths, there have been some hospitalizations and I’m not minimizing it," he said. "Measles is a concern, but it seems to be overblown."
The World Health Organization described the disease as a prominent cause of death among young children, despite the availability of an effective vaccine. More than 110,000 people, mostly children, died of measles worldwide in 2017.
The last U.S. measles death on record was in 2015.
Another 90 measles cases were reported across the nation last week, the biggest jump this year as the annual total continued its march toward record levels, federal health officials reported.
The Centers for Disease Control and Prevention said 555 cases have been confirmed in 20 states in 2019, the second-highest total since measles was declared eliminated in the U.S. almost two decades ago.
Still, the Brooklyn lawsuit noted the city's measles emergency declaration orders are arbitrary, capricious, contrary to law, exceed their lawful authority and should be vacated.
The lawsuit is seeking a temporary restraining order, preliminary injunction, and a declaratory judgment vacating the orders.