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A state judge on Thursday dismissed a lawsuit filed by parents opposed to vaccination who sought to lift the new measles immunization warrant in New York, while parts of the metropolis continue to face an epidemic.
"A firefighter does not need to get the owner's informed consent before extinguishing the fire of a home," Judge Lawrence Knipel written in his decision. "Vaccination is known to extinguish the fire of contagion."
In Brooklyn, five unnamed parents filed a lawsuit earlier this week against the city's health department for ordering mandatory vaccinations in parts of the borough, in the midst of a growing epidemic of HIV / AIDS. measles concentrated in the Williamsburg area. The prosecution said the city's response was "irrational" and that the spread of the virus was not an obvious danger to public health.
Knipel felt that the city's decision to vaccinate the measles during the outbreak was corroborated by "largely unchallenged" evidence.
On April 9, New York City Health Commissioner Oxiris Barbot issued an emergency order directing all living and working in the four Brooklyn postal codes to receive the measles vaccine. mumps and rubella if they had not already done so. Failure to comply with this mandate could result in criminal penalties, including criminal fines or imprisonment.
The city has already summoned three people who refused the warrant and face a $ 1,000 fine.
On Wednesday, the measles outbreak had infected at least 329 people since October, mostly children from orthodox Jewish communities in Brooklyn, according to Barbot. Many Orthodox Jews believe that vaccinations go against Jewish or Talmudic law, resulting in low vaccination rates for some communities.
Barbot hailed the decision to dismiss the lawsuit, baderting in a statement to HuffPost that he "will protect New Yorkers from a very dangerous infection with potentially fatal consequences".
She added that the officials "do not want to commit violations but will continue and hope that New Yorkers will make the best choice for their families, neighbors and their own health – to be vaccinated".
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