ALBANY, NY — Last June, the state legislature voted to end the religious exemption for vaccinations of school children for measles and other illnesses. The ban came as a reaction to a measles outbreak in Rockland County and New York City. There were also 19 cases in Sullivan County.

The ban was challenged by a number of families in a case called F.F. v. State of New York.

In a decision that became public on December 6, Albany County Supreme Court Justice Denise Hartman ruled that the ban on religious exemptions did not violate the U.S. Constitution. Hartman rejected arguments that the law infringed on multiple parts of the U.S. Constitution, and dismissed the case.

New York State Attorney General Letitia James issued a statement that said, “Vaccines ensure the health and safety of our children, our families, and our communities. This law will help protect New Yorkers from experiencing any additional public health crises, which is why we vigorously defended it. We are pleased with the decision by the court.”
The plaintiffs were represented by attorneys Michael Sussman and Robert F. Kennedy Jr.

Sussman posted a statement on his Facebook page that said in part, “I believe the decision is erroneous in critical regards and that [Hartman] should have denied the motion and provided us the opportunity to further develop a record establishing the profound religious hostility which underlay this legislative action and other arguments we advanced.

“Please remember that this is a decision at the entry level, Supreme Court, and that there are two higher levels of courts in the state and then the Supreme Court of the United States. I do not believe this legal battle is near over.”

Before the ban, some 26,000 school-aged children avoided vaccination because their parents claimed a religious exemption. Now, schools face fines if they allow non-vaccinated children to attend.

Sullivan lauded for measles response

In other measles-related news, Sullivan County issued the following press release: “Sullivan County’s Public Health Services and partners were honored by the NYS Department of Health last month upon the successful conclusion of a massive, coordinated effort to avoid a local measles outbreak similar to what New York City faced this summer.

“‘Sullivan County ultimately confirmed 19 cases of measles, and most of those cases were individuals who hadn’t been vaccinated against the disease,’ said Loretta A. Santilli, Director of the NYS Department of Health’s Office of Public Health Practice, in a visit to Public Health Services on November 25. We’re here today to recognize the heroic, compassionate and unstinting work of Sullivan County Public Health officials, Public Health Director Nancy McGraw and her remarkable team, who reached out to the community, engaged them and educated them to stop one of the world’s most contagious diseases from spreading.

“‘Everybody just pitched in and helped, and we worked together as a team,’ acknowledged McGraw, whose staff prioritized the measles response amidst an already significant workload. ‘It was really a learning experience, and I can’t say enough about the support from the state as well.’
“‘Teamwork, as always, got the job done, and I thank everyone who worked alongside county staff to successfully avoid a large-scale situation,’ noted Sullivan County Health & Family Services Commissioner Joe Todora. ‘We needed every single person, from the Centers for Disease Control (CDC) to the state to local camp owners and citizens, to realize the positive outcome that we did.’”