Court Ruling in NYC on mandatory flu vaccines for daycares etc. - Mothering Forums

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#1 of 24 Old 12-16-2015, 08:06 PM - Thread Starter
 
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Court Ruling in NYC on mandatory flu vaccines for daycares etc.

http://fearlessparent.org/nyc-flu-va...ate-shut-down/

includes a link to the actual court ruling
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#2 of 24 Old 12-16-2015, 08:11 PM - Thread Starter
 
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Has anyone seen any mainstream news coverage of this as yet? The lawsuit against the rule did make the mainstream news so it seems likely that this story will too.
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#3 of 24 Old 12-17-2015, 04:48 AM
 
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#4 of 24 Old 12-17-2015, 04:49 AM
 
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NY SUPREME COURT BLOCKS NYC MANDATORY FLU VACCINATION
WE WIN!
NY SUPREME COURT BLOCKS NYC MANDATORY FLU VACCINATION

A New York Court issued a decision today overturning a Bloomberg-era regulation requiring all children age 6-months through 59 months to obtain a flu shot in order to attend pre-schools, daycare centers or Head Start programs regulated by the City of New York. The rule was set to go into effect in January 1, 2016.

Aaron Siri, attorney for the families who sued the city and the families themselves will hold a press conference at 60 Centre Street, in Manhattan at 11 am on Thursday, December 17, 2015.

Link to the Court's decision:

https://iapps.courts.state.ny.us/fbe...ntDisplayServl...
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#5 of 24 Old 12-17-2015, 07:01 AM - Thread Starter
 
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Thanks! There should be more in the news today. I wonder how the pro-vax will spin this?

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#6 of 24 Old 12-17-2015, 07:12 AM
 
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Quote:
Originally Posted by Deborah View Post
Thanks! There should be more in the news today. I wonder how the pro-vax will spin this?
i've already heard echoes of, 'keep your kid home if you won't vaccinate'
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#7 of 24 Old 12-17-2015, 07:15 AM
 
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Originally Posted by Deborah View Post
Thanks! There should be more in the news today. I wonder how the pro-vax will spin this?
No signs of anything today in mainstream. Pretty quiet.
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#8 of 24 Old 12-17-2015, 07:18 AM - Thread Starter
 
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The press conference with the lawyer is this afternoon.

The powers that be do hate it when there is a win for the vaccine choice side.

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#9 of 24 Old 12-17-2015, 08:37 AM
 
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To be accurate, this wasn't a decision based on any kind of unconstitutionality of vaccine mandates (so this is not precedent setting for SB277). It was based on the argument that vaccine mandates have to come from the state and not the city. It wasn't really a vaccine issue so much as it was a "the city doesn't have the authority to mandate this because state law says the state does" issue. It honestly does not have anything to do with vaccine refusal rights, but of who has the right to mandate them for schools and daycares (city vs state).

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#10 of 24 Old 12-17-2015, 08:54 AM
 
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Quote:
Originally Posted by teacozy View Post
To be accurate, this wasn't a decision based on any kind of unconstitutionality of vaccine mandates (so this is not precedent setting for SB277). It was based on the argument that vaccine mandates have to come from the state and not the city. It wasn't really a vaccine issue so much as it was a "the city doesn't have the authority to mandate this because state law says the state does" issue. It honestly does not have anything to do with vaccine refusal rights, but of who has the right to mandate them for schools and daycares (city vs state).
Thanks DORIT
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#11 of 24 Old 12-17-2015, 09:27 AM
 
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Quote:
Originally Posted by teacozy View Post
To be accurate, this wasn't a decision based on any kind of unconstitutionality of vaccine mandates (so this is not precedent setting for SB277). It was based on the argument that vaccine mandates have to come from the state and not the city. It wasn't really a vaccine issue so much as it was a "the city doesn't have the authority to mandate this because state law says the state does" issue. It honestly does not have anything to do with vaccine refusal rights, but of who has the right to mandate them for schools and daycares (city vs state).
Wasn't this requirement going to occur if nobody spoke up about it, and it would have been mandated if everyone keep quiet? Thankfully smart people didn't keep quiet, complained about it and their feelings how absurd it is. I'd say it's a win for those parents speaking up and refusing to put up with BS laws and requirements.

I also found this interesting from the NY times article in the OP:

Quote:
At a meeting in early December between health officials and religious-school administrators, for example, some school leaders reported significant resistance from parents against the new regulation, in part because the parents said their children’s doctors were telling them the vaccine was unnecessary
Doctors are saying the vaccine is unnecessary.
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#12 of 24 Old 12-17-2015, 09:59 AM
 
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Originally Posted by SilverMoon010 View Post
Wasn't this requirement going to occur if nobody spoke up about it, and it would have been mandated if everyone keep quiet? Thankfully smart people didn't keep quiet, complained about it and their feelings how absurd it is. I'd say it's a win for those parents speaking up and refusing to put up with BS laws and requirements.

I also found this interesting from the NY times article in the OP:


Well now the state can begin the process to mandate them if they want...

As I said, this ruling had nothing to do with parental rights (that's why this didn't apply to any other vaccines which are mandated through the state). The city wanted the flu vaccine to be mandated along with the others since the vaccines currently mandated by the state does not include the flu vaccine. The ruling simply said it was beyond the reach of the city to do so. The state can still mandate them.

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#13 of 24 Old 12-17-2015, 10:38 AM
 
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Meh. Thanks for the cross-forum eavesdropping, but I'm still optimistic in noting that consideration was carefully taken for these parents' psychosocial circumstances stemming from vaccine blackmail--er, school-based mandates. I would hope that with your alleged and avowed support of vaccine choice, Tea, that you'd agree with me.

As for SB277, there are almost 200 licensed attorneys ready to pounce on it. Time will tell.

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#14 of 24 Old 12-17-2015, 12:14 PM
 
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Looks like Dorit has weighed in on the issue. This is the first time I am aware of her responding to the ruling (hours after I wrote my response btw), despite what PPs suggested.

So for those interested, here it is:
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Originally Posted by Turquesa View Post
Meh. Thanks for the cross-forum eavesdropping, but I'm still optimistic in noting that consideration was carefully taken for these parents' psychosocial circumstances stemming from vaccine blackmail--er, school-based mandates. I would hope that with your alleged and avowed support of vaccine choice, Tea, that you'd agree with me.

As for SB277, there are almost 200 licensed attorneys ready to pounce on it. Time will tell.
Thanks for posting the link. I hadn't seen it before. I wish I had time to write to each of those professionals to thank them for their support of informed consent for themselves & others.

Sus
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#16 of 24 Old 12-17-2015, 02:54 PM
 
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http://abc7ny.com/health/blocked-jud...olers/1126379/

JUDGE BLOCKS NEW YORK CITY FLU VACCINE REQUIREMENT FOR PRESCHOOLERS
Judge blocks NYC flu vaccine requirement for preschoolers
N.J. Burkett reporting live
EMBED
AP
Updated 2 hrs 15 mins ago
LOWER MANHATTAN, New York -- New York City can't require preschoolers in city-regulated daycares to get a flu shot, a state judge ruled in a decision published early Thursday.
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#17 of 24 Old 12-17-2015, 06:43 PM - Thread Starter
 
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thanks @emmy526

good article and good comments
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#18 of 24 Old 12-17-2015, 07:25 PM - Thread Starter
 
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This is a significant win for the parents in NYC and New York State, just because it reins in health department over-reach.

Legislators are a teensy bit harder to manipulate than health departments, who at this point are mostly in "vaccinate anything that moves with any vaccine that the CDC recommends" mode. It cheers me up faintly to know that drug companies are still going to have to shell out the lobbying money to legislators in some states to get their vaccine on the schedule.

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#19 of 24 Old 12-17-2015, 07:28 PM
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Originally Posted by teacozy View Post
Looks like Dorit has weighed in on the issue. This is the first time I am aware of her responding to the ruling (hours after I wrote my response btw), despite what PPs suggested.

So for those interested, here it is:
Since you two are so friendly didn't she give up the heads-up?
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#20 of 24 Old 01-06-2016, 09:15 PM
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Originally Posted by teacozy View Post
Looks like Dorit has weighed in on the issue. This is the first time I am aware of her responding to the ruling (hours after I wrote my response btw), despite what PPs suggested.

So for those interested, here it is:
Copyright infringement?

You did not source the screenshot- care to do so? Please provide the link to this quote(screenshot) you posted.
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#21 of 24 Old 01-08-2016, 09:19 PM
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@teacozy care to answer?


I guess we can assume, since @teacozy has not provided evidence (link) that the screenshot was just photoshopped!
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#22 of 24 Old 01-30-2016, 03:09 PM - Thread Starter
 
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Well now the state can begin the process to mandate them if they want...

As I said, this ruling had nothing to do with parental rights (that's why this didn't apply to any other vaccines which are mandated through the state). The city wanted the flu vaccine to be mandated along with the others since the vaccines currently mandated by the state does not include the flu vaccine. The ruling simply said it was beyond the reach of the city to do so. The state can still mandate them.
A legislator has begun the process of requiring flu vaccines for pre-schoolers in NY State. We'll see if they can get it through. Should be a little bit harder and a bit more expensive for the flu vaccine manufacturers at the least. Health Depts are so amenable to the CDC alliance with the vaccine companies!
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#23 of 24 Old 01-30-2016, 03:14 PM - Thread Starter
 
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Since everyone here, needless to say, is opposed to mandatory vaccines, I'm sure we are all outraged at this legislative over-reach. I think the author of the bill is also the dude who was trying to remove the religious exemption in NY. A real vaccine enthusiast, obviously.
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#24 of 24 Old 02-20-2016, 07:14 PM - Thread Starter
 
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Any news in NY of the progress or lack thereof of this bill?

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