A student who refuses the chickenpox vaccine says he will appeal after the judge has upheld the school ban


WALTON, Ky. – An 18-year-old student and his lawyer say they'll continue to fight after

a judge upheld a decision of the Ministry of Health

prohibit unvaccinated students from going to school.

Jerome Kunkel refused to receive the vaccine, even after a chicken pox outbreak at his school, Assumption Academy, in February. He said that the school ban violates his religious beliefs.

"I am really devastated by the judge's decision. It does not make sense to me, "said Kunkel, a basketball star at WCPO on Wednesday.

"The 2005 Vatican declaration states that the use of these vaccines containing aborted fetal cells is morally reprehensible. This will always be a moral problem. "

Kunkel and his lawyer, Chris Wiest, representing 25 students, will appeal.

"We do not think the health department has coped with its burden," said Wiest. "They had the burden of proving that they used the least restrictive means possible to defend a pressing governmental interest. There is no evidence of that.

"What the health department did not prevent the spread of chickenpox," said Kunkel. "We always go to church together. We always do everything together. "

The initial plan was to prohibit all unvaccinated students from attending extracurricular competitions with other schools, but the main father, Daniel Muscha, objected to this: would ban all the basketball team. Only 18% of the students were fully vaccinated.

Muscha and the health department then agreed to allow basketball players to face it provided they pass an immunity test. Two failed – and one of them was Kunkel. He and his parents met with Ministry of Health officials to challenge the ban.

Mary Parker, who was once a teaching assistant, says everyone should be vaccinated against chicken pox.

"As soon as you're part of a big group of people like that, it does not matter if you do not believe it, it's something you have to protect everyone," Parker said.

Parker said that she had had shingles twice and that she had not hesitated to get vaccinated against chicken pox.

"I think that, especially in the case of chickenpox, the older it is, the more dangerous it is.If anyone of my age gets chickenpox, it is deadly," Parker said.

Kunkel challenged that.

"I think it's not a deadly disease, my whole family, many of them, had chickenpox and they never died, I seem to be fine," she said. he declared.

Wiest says they have 20 days to appeal and that they are already working on it.

The Northern Kentucky Department of Health said they did not want to comment.

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