On Thursday, a state judge rejected a lawsuit filed by five anonymous mothers who sought to lift New York City’s mandatory vaccination order, as parts of the city continue to face more number of measles cases.
Judge Lawrence Knipel wrote in his ruling, “A fireman need not obtain the informed consent of the owner before extinguishing a house fire. Vaccination is known to extinguish the fire of contagion.”
On Monday, five anonymous mothers in Brooklyn filed the lawsuit against the public health officials for ordering the mandatory measles vaccination in parts of NYC in the midst of an ongoing measles outbreak.
The lawsuit filed by the parents said the officials’ response is “irrational,” and that the spread of measles does not pose a threat to public health.
The judge ruled, “The city’s order to require measles vaccinations during the outbreak is supported by “largely uncontroverted” evidence.”
On April 9, NYC Health Commissioner Oxiris Barbot issued the mandatory vaccination order, requiring everyone residing within four Brooklyn ZIP codes to get the MMR vaccine if they had not gotten it. Violators would have to face misdemeanor punishments, including imprisonment or fines.
The officials have already issued summons to three people who were against the order and faced a fine of $1,000.
As of April 17, the ongoing measles outbreak, which began in October, has infected at least 329 people, mostly children, especially from Orthodox Jewish communities in Brooklyn, said Barbot. Many Orthodox Jewish parents believe that vaccination is against their religious law, which had resulted in low vaccination rates among their communities.
The health commissioner applauded the judge’s decision to reject the lawsuit, stating, “It will protect New Yorkers from a very dangerous infection with potentially fatal consequences.” She added, “Officials do not want to issue violations but will continue and hope that New Yorkers make the best choice for their families, their neighbors and their own health ― to get vaccinated.”
