Is it possible that New York City has become the latest bastion for anti-vaxxers? Yesterday, New York Supreme Court Justice Manuel J. Mendez ruled that city-licensed preschools and day care centers cannot require the flu vaccination. The requirement had been added under Mayor Mike Bloomberg, as part of a larger public health initiative.
As the New York Times reports, the requirement moved quietly through the city bureaucracy, but folks were up in arms before too long:
[T]he proposal [to mandate flu vaccines] soon met fierce opposition, with many parents resisting and saying that their doctors told them the vaccine was not needed. Some of the most vocal critics were those who believe vaccinations are linked to autism, although there is no scientific evidence that shots and the disorder are connected.
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In striking down the flu vaccine’s mandate, New York officials warn that children’s lives are being put at risk:
Dr. Mary T. Bassett, the city’s health commissioner, said the decision would put thousands of children at unnecessary risk.
“I am extremely disappointed by today’s decision,” Dr. Bassett said in a statement. “Influenza kills an average of 24,000 people each year in the United States, and the virus is spread easily in child care settings to children and their families. The vaccination requirement will save lives.”
But rather than come out as an anti-vaxxer, Justice Mendez’s decision is all about overreach. The NYC Board of Health — unelected officials — added influenza to the list of required vaccinations despite the fact that the state statute requires immunization only for poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenza type b, pertussis, tetanus, pneumococcal disease, meningococcal disease and hepatitis B. The court rules that adding a disease to the list of required vaccinations was the province of the New York State Legislature.
In the meantime, those scourges on modern life, people who oppose vaccines, have notched another victory.
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New York City’s Flu Shot Mandate for Young Children Is Struck Down [New York Times]