As
previously reported, in late March Rockland County, New York declared a state of emergency to combat a growing measles outbreak. It banned any person under 18 who has not been vaccinated for measles from all places of public assembly. On April 3, a suit was filed in state court challenging the State of Emergency Declaration. The complaint (
full text) in
Doe v. Day, (Rockland Cty Sup. Ct., filed 4/3/2019), contended among other things that the Declaration will bar those with religious exemptions from vaccination requirements from celebrating Passover or Easter at their houses of worship. On Friday, a trial court judge agreed with plaintiffs.
Rockland/ Westchester Journal News reports in part:
A judge Friday halted Rockland County Executive Ed Day's emergency declaration barring children who are unvaccinated against measles from schools, places of worship and other public areas.
Acting state Supreme Court Judge Rolf Thorsen's injunction stated that the 166 cases cited by the county since the measles outbreak began last October did not rise to the level of an epidemic or constitute a disaster. Day's reliance on executive law in issuing the emergency declaration "may have been misplaced," the decision stated.
UPDATE: Here is the
full text of the opinion in
W.D. v. Rockland County, (Rockland Cty. Sup. Ct., April 5, 2019) issuing a preliminary injunction against the emergency declaration.
[Thanks to Eugene Volokh for the opinion.]
