A judge rules against Rockland County's state of emergency following the measles epidemic

Rockland County, NY (WABC) – A judge ruled on behalf of several dozens of parents who challenged the Rockland County Emergency Ordinance prohibiting children from visiting public places without having have been vaccinated against measles.

A Supreme Court Justice of the State released Friday his ruling on the legality of Ed Day's order of the Rockland County Executive Council, which is part of efforts to curb the measles outbreak that has infected more than 160 people since October.

The 30-day ordinance promulgated on March 26 banned unvaccinated under-18s from gathering, including schools, shops, churches and public transportation.

The lawsuit was filed by human rights lawyer Michael Sussman on behalf of the unvaccinated parents of the Green Meadow Waldorf School in Chestnut Ridge. Sussman called the Day action "arbitrary and capricious".

The county attorney argued that it was necessary to stop the contagious virus.

The judge granted a temporary injunction which, for the time being, will end the state of emergency. This means that unvaccinated children will again be allowed to go to school and go out in public.

Day issued the following statement after the decision:

"Although Judge Thorsen's decision today did not go as planned, I would like to congratulate those in Rockland who took advantage of the state of emergency to get vaccinated and to have conversations with friends and neighbors about vaccination – a new way of fighting a disease that was eradicated nearly 20 years ago and refused to sit idly by while the Rockland ones were threatened.

What has not changed is our urgency message. Although the court may not accept our action in this case, the disease continues unabated. One would think that seeing 42 exhibits at a local hospital would attract the attention and court support that he deserves. I am of the opinion that expecting a medical catastrophe is discouraged, especially since we can see it happen. The increase that we had planned during the promulgation of our emergency declaration unfortunately came to fruition with 167 pending cases. Our Ministry of Health will continue to do everything possible to stem the outbreak of this epidemic and I urge those who are still unsure of the benefits of vaccination to consult their doctor. The free MMR vaccines were again provided today by our health department at a Haverstraw clinic, and we will continue to work with the health service to encourage residents to get vaccinated. For additional vaccination sites, call our health department directly at 845-364-2497; or consult your private doctor. "

(Associated Press contributed to this report.)

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