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(CNN) – A Kentucky judge dismissed the claims of a teenager who had sued his local health department to temporarily ban students at his school who were not immune to chicken pox. attend classes and participate in extracurricular activities.
Last month, the local health department applied this policy following a chickenpox outbreak affecting 32 people, or 13% of the student body, at Notre-Dame-du-Sacré-Coeur Academy. / Assumption of Walton, Kentucky.
The student, Jerome Kunkel, refuses the vaccine against chickenpox, invoking his Christian faith.
In response to the outbreak, the Northern Kentucky Department of Health announced that all students at the school who have neither proof of vaccination nor evidence of varicella immunity will be allowed to attend school. only 21 days after the onset of the rash. last student or member of the sick staff. "The sports and extracurricular activities of the school have been canceled to avoid spreading the disease in other schools and places.
Kunkel, a school superintendent, has filed a lawsuit against the decision of the Ministry of Health, especially because this is affecting his basketball season.
"The fact that I can not finish my last year of basketball, as in our last two games, is rather devastating, I mean you spend four years in high school playing basketball, but can not wait to finish your senior year, "he said. CNN WLWT's affiliate last month.
According to the judge's ruling obtained by CNN's affiliate, WXIX, none of the members of the basketball team was vaccinated against chickenpox, said the school's director at a health officer.
Only 18% of school students are fully vaccinated, said a school official at the local health department. One of his students had been treated at the Cincinnati Children's Hospital with joint pains and difficulty moving limbs. It was discovered that he had chicken pox and superinfection symptoms.
Chickenpox is a highly contagious disease that causes rashes, itching, fatigue and fever, according to US Centers for Disease Control and Prevention. It can spread by touching or breathing viral particles. This can be particularly serious for babies, pregnant women and people with weakened immune systems.
In late February, Kunkel was informed that he was unable to attend any of the upcoming basketball games, as test results had revealed that he was not in the game. shelter from chicken pox. Kunkel and his father told WLWT that he was discriminated against because of their religious beliefs.
Kunkel had argued that missing school weeks could have life-long consequences and alleged that the Ministry of Health had "acted in retaliation for the exercise of his religious beliefs". The Ministry of Health responded that it had ordered the temporary ban because of the outbreak of chickenpox, and not because it had not been vaccinated.
After a hearing on Monday, Judge James Schrand of Boone County Circuit rejected Kunkel's request to prevent the health department from enforcing its school ban and its activities.
The judge rejected many of his claims and pointed out that one of his parents had signed an official form authorizing the rejection of immunizations for religious reasons. This act also specified that the child might not be allowed to go to school for weeks in case of outbreak of an epidemic. preventable disease by vaccination.
In response to the judge's ruling on Tuesday, the Northern Kentucky Health Department said it was "satisfied with the thorough and thorough review by the court of the evidence and legal issues raised in this case" .
"The Court's decision (…) underscores the urgent need for public health departments to preserve the safety of the entire community, and in particular members of our community most exposed to the disastrous consequences 39, a serious infectious disease such as chickenpox, remains unchanged and uncontrolled, "he said.
The-CNN-Wire
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