Preliminary Injunction Halts Rockland Emergency Measles Order as Outbreak Fears Rise
Justice Rolf Thorsen granted a request for a preliminary injunction by parents who said the emergency declaration had improperly prevented their children from attending school and other places of public assembly.
April 11, 2019 at 05:39 PM
4 minute read
A state judge has temporarily halted officials in Rockland County from enforcing an emergency order that barred unvaccinated children from public places for 30 days, as fears of measles outbreaks in New York and surrounding counties continue to grow.
Acting Justice Rolf Thorsen of the Rockland County Supreme Court last week granted a request for a preliminary injunction by parents who said the March 28 emergency declaration from County Executive Edwin Day had improperly prevented their children from attending school and other places of public assembly.
In his ruling, Thorsen said the incidents of measles cases did not rise to the level of an epidemic in the county and would irreparably harm both the parents and their children if it were allowed to remain in place.
The decision came as Mayor Bill de Blasio on Tuesday declared a public health emergency requiring unvaccinated residents of Williamsburg, Brooklyn, to receive the measles vaccine, or else be subject to fines.
Day said this week that the Rockland County Department of Health was finalizing the criteria for new orders “to keep people who may have been exposed to the measles in their homes and away from public places.”
“This is a slight pivot from our State of Emergency, but it is a step we can take very quickly while we wait on the legal appeal. Any violation would lead to significant fines,” Day said in a statement.
Michael Sussman, who represents the petitioners in the Rockland County case, said the parents had obtained religious exemptions through their schools to laws requiring measles vaccinations. In an April 3 filing, he called the emergency declaration “arbitrary and capricious,” saying that it went well beyond the five-day limits on states of emergency under New York state law.
Sussman said that there had been no reported cases of measles in the children's school and argued that they posed no immediate danger to their classmates.
Thorsen noted in his decision that Rockland County, a northern suburb of New York, has experienced 166 cases of measles in the six-month period dating back to October. For a county with a population of roughly 330,000 people, that did not meet the common definition of an “epidemic” under state law, he said.
“Petitioners have shown that without an injunction, their children will continue to miss school and petitioners will continue to incur monetary expenses as a result of the injunction,” he wrote in a five-page ruling.
Day said this week that the confirmed number of measles cases in the county had risen to 168, as of April 8.
“Allow me to state unequivocally that I do not agree with the judge's opinion that this measles crisis does not rise to the level of an emergency. We in Rockland are facing the longest lasting current outbreak in the entire nation and the largest outbreak in New York State in 30 years,” he said.
An appeal of the preliminary injunction ruling must be filed by April 19.
Meanwhile, Sussman said he planned to file more lawsuits in the coming days over other emergency orders, including the one affecting Williamsburg.
“The issue that I'm concerned about is rule of law,” he said in a phone interview. “I felt this was a clear abrogation of that.”
Day is represented by County Attorney Thomas Humbach.
The case is captioned W.D. v. County of Rockland.
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHochul Vetoes 'Grieving Families' Bill, Faulting a Lack of Changes to Suit Her Concerns
Court System Names New Administrative Judges for New York City Courts in Leadership Shakeup
3 minute readRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
Trending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250