New York Supreme Court Judge Manuel Mendez has ruled that the New York City board of health (NYBH) cannot mandate children receive flu vaccinations prior to attending school or day-care because the agency does not have the authority to do so.
This ruling may put to an end a trend of actions over the past several decades taken by the board that supersede the state laws and ordinances of the city council.
Mendez wrote in his opinion: “Nothing … Allows municipalities to mandate vaccines that are not explicitly authorized. If the state wanted the flu vaccine mandated, it would have included it in its own law or regulations.”
This case was the collaborative efforts of 5 parents who did not want to vaccinate their kids, and asserted that barring them from attending daycare would cause unfair social and economic harm to the children.