New York Supreme Court Strikes Down NYC Flu Vaccine Mandate from NVIC

New York Supreme Court Strikes Down

NYC Flu Vaccine Mandate

n 2013, outgoing Major Michael Bloomberg approved an annual influenza vaccine mandate for all pre-school children instituted by the NYC Department of Health under an administrative rule amending the NYC Health Code. In January 2014, all children under five years old attending NYC daycare centers and pre-schools were forced to comply with the mandate or turned away.

  

In November 2015, five Moms from Brooklyn and Manhattan sued the health department for failing to secure a vote on the new vaccine mandate from the legislature in violation of New York State Public Health Law.  On Dec. 17, 2015 the New York Supreme Court agreed that the health department had exceeded its legal authority to require vaccinations without first getting approval from the legislature. Judge Manuel J. Mendez issued a ruling that "permanently enjoined" New York City from implementing and enforcing amendments to the NYC Health Code because the amendments "are not lawful."

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