
NYC parents sue to stop required flu shots for tots
Board of Health can't ban big soda cups and they can't require flu shots
New York, NY--New York City parents filed a lawsuit
Monday in the New York County Supreme Court to end a Bloomberg-era regulation requiring mandatory flu shots for kids enrolled in daycare, Head Start and pre-kindergarten set to begin on
Jan. 1, 2016. Just as the courts over-turned the attempted Bloomberg ban on big soda cups, holding that the NYC Board of Health and Mental Hygiene has no authority to create new laws, parents argue that the Board of Health has no legal authority to dictate shots.

All the children of the parents bringing the suit are fully vaccinated, they object specifically to the flu shot and the illegal way the city has forced it upon families.
"The Board of Health, without any legislative authority, adopted this flu shot dictate as well as granted itself the power to require any other vaccine it desires," said Aaron Siri, attorney for the parents. "The Board of Health not only adopted the rule without any legislative authority, it did so in direct conflict with New York law that gives the state legislature the power to decide which vaccines shall be mandatory."
Children aged 6 months to 59 months would be banned from programs, and program-operators could be fined thousands of dollars for every child who does not get the flu shot. These children are the only residents of New York State required to get flu shots. Almost nowhere else in the US is the flu shots required.
"There is literally no legislative authority permitting the Board of Health to grant itself authority to mandate any vaccine it desires and create an unprecedented regime to enforce its self-created dictates. " Said Siri. "None."
The Board of Health passed the regulation in the last week Bloomberg was in office, leaving enforcement to the de Blasio administration. The regulation only affects children enrolled in the 2000 programs overseen by the City of New York, the more than 10,000 daycare providers regulated by the State of New York, and the more than 20,000 unlicensed daycare operators are not covered by the regulation.
The New York legislature considered and rejected adding the flu shot to the required shots for all students in the state. The suit asks for an injunction on enforcement, and over-turning the illegal NYC regulation.
Thank you. How can I join?
Posted by: Brendan Moser | November 14, 2015 at 07:45 AM
Why isn't it, when parents or a group such as "Nurses Against Mandatory Vaccines" are having mandatory requirements placed on them insist, as part of their lawsuit, the forces, in this case the City of New York, prove in court that the Flu shots work which means the city would need to present independent scientific test that confirms the effectiveness of the shot and how it would prevent others from being infected.
Posted by: Danchi | November 12, 2015 at 08:41 PM
Go New Yorkers! So glad they are taking a stand against this ridiculous and nefarious law.
Posted by: Twyla | November 10, 2015 at 11:08 PM
Bloomberg and de Blasio were blought.
Posted by: Reader | November 10, 2015 at 08:37 PM
I'm glad to see this happening, only a little disappointed that the argument is this agency has no authority to create or enforce vaccine mandates. The argument for this and every other vaccines should now be: 1) The data indicate serious risk of harm; 2) The government is lying to us and trying to conceal those risks; 3) The government refuses to take the necessary steps to ensure that vaccines don't pose undo risk; 3) The benefits do not outweigh the risks for susceptible subgroups; 4) The public has the right to informed consent.
Posted by: Lisa | November 10, 2015 at 08:16 PM
Thanks John. Cannot wait to see how this ends(I was going to say "pans out" but stopped myself in time.)
Posted by: Maurine Meleck | November 10, 2015 at 08:00 PM
Could hardly read past the part that stated "all of the children of the parents bringing the suit are fully vaccinated."
Made me ill to read that...and I bet many of those kids are already chronically ill, developmentally delayed or disabled, allergic to this or that, socially and/or behaviorally challenged, speech and language delayed, and not quite right...not the healthy, untainted children they were meant to be.
Glad these parents are pursuing the lawsuit, and hope they'll expand it to stopping all mandated vaccines in the state of NY.
Posted by: Laura Hayes | November 10, 2015 at 07:42 PM
Good!
Posted by: Denise Anderstrom Douglass | November 10, 2015 at 06:52 PM
I hope they win. The flu is not exactly a dangerous disease. My cynical mind asks: Are they wanting to see how many autistic children can be produced? Those flu vaccines most likely contain mercury. They'll deny it, but my research here in California is telling me that, even though mercury-free vaccines are supposed exist, they will not be available. When my husband got a flu-shot at Kaiser, he got mercury vaccine even though the brochure said all people over 65 should be given mercury-free vaccines. He checked. He found that the vaccine was not mercury-free. What other things do they mix in the vaccines. Can I trust what they do, what they mix in to do studies? Do they use those recipients as Guinea pigs? How about those New York children? There is nothing to prevent vaccine makers to mix in something nefarious. Do I sound paranoid? You bet I do. How can I trust the vaccine makers when there is no recourse to sue them?
Posted by: Birgit Calhoun | November 10, 2015 at 06:19 PM