The real disease – the spread of unchecked executive power.

Vaccine flu vax shut down NY

Please consider donating to help defer costs…. Attorney Aaron Siri took on this case pro-bono.

To quote Aaron Siri, Esq, attorney for the Plaintiffs-Petitioners, “The real disease here to be concerned about is the spread of unchecked executive power and the illiberalism that such excesses has wrought on mankind through history.”
“This is a welcome judicial affirmation of the importance of a genuine political process to determine the extent to which the state should be involved in personal health decisions,” said Robert J. Krakow, Esq.

http://fearlessparent.org/nyc-flu-vax-mandate-shut-down/

by Louise Kuo Habakus

Court says NO to pre-K flu vax mandate

Breaking news… 12/16/15… 3:30 pm.

The City of New York is enjoined from enforcing the flu shot mandate for day care and preschool. Read the reply brief and order and decision.

Legislature cannot be overruled by executive order

To quote Aaron Siri, Esq, attorney for the Plaintiffs-Petitioners, “The real disease here to be concerned about is the spread of unchecked executive power and the illiberalism that such excesses has wrought on mankind through history.”

NYC didn’t learn its lesson (remember the 2010 sugared soda ban?), once again attempting to usurp legislative authority through unilateral executive action. Judge Manuel J. Mendez made it clear that the legislature is where the political expression of the people lies.

“This is a welcome judicial affirmation of the importance of a genuine political process to determine the extent to which the state should be involved in personal health decisions,” said Robert J. Krakow, Esq.

Donate to thank pro bono lawyer, Aaron Siri

Krakow added, “Here is an example of what highly professional legal advocacy can accomplish, enforcing the rights of parents to make medical decisions for their children. Aaron Siri, Esq did superlative legal work pro bono on behalf of NYC families.”

Aaron devoted many hundreds of unbillable hours and incurred significant expenses to do this for all of us. Please click here to donate, to thank Aaron for his heroic efforts and to encourage other attorneys by demonstrating that this is the will of the people.

It’s time for organized legal fundraising

Parents in other jurisdictions should take heed and pursue organized legal fundraising. Nearly 200 lawyers have signed on in opposition to California SB 277. When SB 277 was signed into law on 6/30/15, California joined Mississippi and West Virginia in eliminating all parent-directed exemptions. If you are interested in helping to fundraise or staff a legal team, please contact Health Freedom Action.

It is highly likely that New York City will appeal. Stay tuned.

A Manhattan judge struck down a city rule that requires preschoolers to get flu shots, calling the regulation “invalid and unlawful.”

Manhattan Supreme Court Justice Manuel Mendez said in his decision released early Thursday 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.

Five Manhattan and Brooklyn moms sued the city over the 2013 policy, using a similar argument to the one that helped defeat former Mayor Mike Bloomberg’s soda ban.

They argued that the rule — passed under Bloomberg and supported by current Mayor Bill de Blasio — is illegal because it was not voted on by state lawmakers.

“This ruling is important because it keeps the decision about whether or not to vaccinate our smallest, youngest, most vulnerable citizens — it leaves the decision with the pediatricians and the parents,” said one of the plaintiffs, Michelle Carroll of Bay Ridge in Brooklyn.

The parents — Carroll, Magdalena Garcia, Lynn Rosenger and Gabrielle Jakob — sued because their kids would have been barred from attending preschool if they didn’t get them vaccinated before Dec. 31.

“I know my son and I are both very excited that he gets to stay in school,” Garcia said.

The decision does not affect the 11 other vaccines that are mandatory for city schoolchildren under state law, including shots for measles and polio.

City Health Commissioner Dr. Mary Bassett said she is “extremely disappointed by today’s decision.

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