The Phaserl


Judge Rules NYC Children Do NOT Need a Flu Shot for Preschools, Day Cares

by Julie Fidler, Natural Society:

A Manhattan judge has tossed out a New York City Health Department mandate that preschoolers must get flu shots.

Manhattan Supreme Court Justice Manuel Mendez called the requirement “invalid and unlawful” in his decision, adding that the city’s Department of Health and Mental Hygiene “lacked the statutory authority” to mandate the vaccines because they are not required under state law.

Five mothers from Manhattan and Brooklyn – Clemence Rasigni, Magdalena Garcia, Lynn Rosenger, Michelle Carroll and Gabrielle Jakob – sued the city over the 2013 Bloomberg-era policy, using a similar argument to the one that was used to overturn the former mayor’s soda ban. [1]

Under the policy set to take effect Dec. 31, unvaccinated children between the ages of 6 months and 5 years would have been barred from entering city day care and preschool programs.

Preschool programs that accepted unvaccinated children would have been fined.

The moms hadn’t argued against the other vaccines required by state law, just the flu shot.

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