The Stay Was Denied Today
June 12, 2019 — From Michael Sussman’s Facebook Page:
Within the last 30 minutes or so, I received a written decision from Albany County Supreme Court Justice L. Michael Mackey denying our request for a temporary restraining order [TRO or stay] against the force and effect of the religious exemption repeal.
Justice Mackey reasoned that other courts have upheld the state’s right to order mandatory vaccinations and concluded we had not met or carried the very high burden of demonstrating substantial likelihood of ultimate success on our claims, a burden which the party seeking a TRO must meet. That we may disagree is of no immediate moment.
The Justice set a further briefing schedule and expressed the view that if can demonstrate the merits of our case before him or another Judge, we will have time to do so before September and the extensive irreparable harm children will then suffer.
This is not the decision I had hoped for, but I recognize that getting a TRO against state legislation is very difficult. I hope that further development of all the issues will cause this or another Judge to preliminarily restrain the operation of this statute and I will be working on making that happen.
Best regards to all and I am very sorry not to be able to bear more joyful and positive news.
Remember yesterday Rita Palma posted a very important update saying that the stay (temporary restraining order) may not be granted, and the next step is a Preliminary Injunction. Here is that important post from Rita one more time:
The temporary restraining order … might not be granted, but there will be a hearing for the preliminary injunction (more important and lasts for the duration of the case) will be held within 2-3 weeks. This hearing has witnesses, i.e. parents, clergy, doctors. Please stay tuned for the date! We will let you know as soon as we do…We have to pack the house once again-…with a couple of weeks notice, who knows (how many people we can get in the courtroom)… The Judge was impressed with the crowd and I think Michael Sussman was proud and happy to have us there. (emphasis added)
Johnathan Doe – a Warrior Dad from Long Island, NY – made a video about where we find ourselves legally, mentally and spiritually: https://drive.google.com/file/d/1-q17MegLmiNF5nprn4Zh8KVT1XnhDYR2/view?fbclid=IwAR0Vb5_Uw0e0q6bXTOHdqPQi85_NI0_gZh4wBc5tUokvoJdMHNwirOr1OcQ