With little public discussion, the New York Board of Health unanimously passed the Vaccine Powers Rule in 2013. The rule required New York City children attending a day care center or aged 6 months to 59 months to be given a yearly flu vaccination. For a moment, it appeared that children would be excluded from class if they didn’t receive the flu vaccine for the first time in the State’s history. California’s Senate Bill 277, signed into law in 2015, took things further by requiring all students to be up-to-date with all vaccines to receive an education in the state.
Five Mothers vs. New York
On December 16th, 2015, Manhattan Supreme Court Justice Manuel Mendez ruled on behalf of The Supreme Court of the State of New York to end the mandatory flu vaccine rule. Mendez said in his decision that the city’s Department of Health and Mental Hygiene “lacked the statutory authority” to mandate the influenza vaccines because they are not required under state law.
The New York times reported “The court ruling did not delve into the debate about vaccines. Rather, it found that the city had exceeded its authority by adding a disease to the list of those requiring immunization.” The recent suit against the city eventually reversing the flu vaccine law was brought by five New York mothers. Aaron Siri, a lawyer for the five mothers who filed the suit, said the following:
"Parents across the city who, in consultation with their doctors, made the decision that the risks outweighed the benefits for their particular child, had that right taken away from them by 11 unelected individuals sitting in the Board of Health…"
New York’s ruling provides a valuable precedent for Americans attempting to restore medical choice and medical ethics. The landscape has rapidly shifted from mostly absent public discussion when Bloomberg signed the rule into effect in 2013 compared to present day, which sees Americans motivated, alive, and pushing to block and change mandatory vaccine legislation at every turn......
Read more at: HealthImpactNews.com
Five Mothers vs. New York
On December 16th, 2015, Manhattan Supreme Court Justice Manuel Mendez ruled on behalf of The Supreme Court of the State of New York to end the mandatory flu vaccine rule. Mendez said in his decision that the city’s Department of Health and Mental Hygiene “lacked the statutory authority” to mandate the influenza vaccines because they are not required under state law.
The New York times reported “The court ruling did not delve into the debate about vaccines. Rather, it found that the city had exceeded its authority by adding a disease to the list of those requiring immunization.” The recent suit against the city eventually reversing the flu vaccine law was brought by five New York mothers. Aaron Siri, a lawyer for the five mothers who filed the suit, said the following:
"Parents across the city who, in consultation with their doctors, made the decision that the risks outweighed the benefits for their particular child, had that right taken away from them by 11 unelected individuals sitting in the Board of Health…"
New York’s ruling provides a valuable precedent for Americans attempting to restore medical choice and medical ethics. The landscape has rapidly shifted from mostly absent public discussion when Bloomberg signed the rule into effect in 2013 compared to present day, which sees Americans motivated, alive, and pushing to block and change mandatory vaccine legislation at every turn......
Read more at: HealthImpactNews.com
RSS Feed