Judge Rejects Anti-Vaxxer Lawsuit Against New York City's Vaccine Mandate

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Judge Rejects Anti-Vaxxer Lawsuit Against New York City's Vaccine Mandate
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'A fireman need not obtain the informed consent of the owner beforeextinguishing a house fire,' Judge Lawrence Knipel wrote in his ruling

A state judge on Thursday rejected a lawsuit filed by anti-vaccination parents who sought to lift New York City’s new measles vaccination mandate, as parts of the metropolis continue to face an outbreak.

Five anonymous parents in Brooklyn filed the lawsuit earlier this week against the city health department for ordering the mandatory vaccinations in parts of the borough amid a growing outbreak of the measles virus concentrated in the Williamsburg area. The lawsuit said the city’s response is “irrational,” and that the spread of the virus does not pose a clear danger to public health.

New York City Health Commissioner Oxiris Barbot issued the emergency order on April 9, requiring everyone who lives and works within four Brooklyn ZIP codes to receive the measles, mumps and rubella vaccine if they hadn’t already gotten it. Failure to comply with the mandate could result in misdemeanor punishments, including criminal fines or imprisonment.

As of Wednesday, the measles outbreak has infected at least 329 people since October, mostly children from Orthodox Jewish communities in Brooklyn, according to Barbot. Some in these communities have resisted vaccination, in Brooklyn as well as in Upstate New York, where The Forward reports vaccination rates at some schools around 60%. Groups like the Orthodox Union and other religious leaders, meanwhile, have declared that there is no religious obstacle to getting vaccinated.

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