The named plaintiffs, eight New York State families whose valid medical exemptions for their school children were overruled, and Children's Health Defense (CHD) ask that the court declare the state policy unconstitutional and allow the children back into school.
"What these families have gone through shocks the conscience," said lead attorney Sujata Gibson. "Since August 2019, when the regulation took effect, thousands of immunocompromised children throughout the state have had their treating physicians overruled and been removed from school. These are the children we were supposed to be protecting through our school vaccine program. Instead, our policies are disproportionately harming our most vulnerable students."
In powerful detail, the complaint describes how these families have sought and received multiple exemptions from licensed physicians and specialists, only to have them denied by school officials.