Friday, February 16, 2007

First Amendment Challenge To Denial of Immunization Exemption Moves Ahead

In Nagy v. Bayport Bluepoint Union Free School District, 2007 U.S. Dist. LEXIS 9809 (ED NY, Feb. 13, 2007), a New York federal district court permitted parents to move ahead with their First Amendment challenge to a school district's rejection of their application for an exemption from mandatory immunization requirements for their school-age daughter. However the court dismissed plaintiffs' equal protection and state law challenges to the refusal to grant an exemption.