Update From NY Vaccine Legal Challenge: 9-30-19
September 30, 2019 — I spoke to a mom – and a dear friend – who was in Bath, NY today for the hearing where oral arguments were presented to stop the repeal of the religious exemption to vaccination. Approximately 1,000 people showed up. A candlelight vigil was held last night of about 200 people. The above picture shows perhaps the most prolific sign of the event – WE ARE REAL!
Very few people were allowed in the tiny courtroom today – some said 20 people at most were present. The judge who heard the case is a small-town conservative judge, which may help us get a fair hearing of our side of the case. The attorneys reported that the judge said there will be a decision made “very soon.”
It appears the strategy of Attorneys Elizabeth Brehm, Kevin Barry & Jim Mermigis is to file in multiple jurisdictions. A similar case was also filed in Nassau County as well as Suffolk County. They are able to do this because the plaintiffs in the case come from multiple jurisdictions. The judge who was going to hear the case in Nassau County was appointed by Republican Governor George Pataki. The New York Attorney General’s Office was fighting to get that judge removed from the case. However, when they found out they had to go to small town Bath, NY, I am sure the AG would have much preferred to be back in Nassau County Court; Pataki appointee and all.
Remember these lawsuits are separate from the case filed in Albany, NY by Robert F. Kennedy Jr. and Michael Sussman funded by Children’s Health Defense. The most notable difference is that the case filed in Albany is making federal claims while these cases only makes state-based arguments. The RFK Jr. case has the potential to rise all the way to the Supreme Court of the United States. The cases in Bath and Nassau County do not, as they only make New York state-based claims.
The below in all italics comes from Rita Palma, who was present today in Bath, NY:
Some notes from the preliminary injunction hearing on the lawsuit that challenges the repeal of the religious exemption in New York State:
(1) The judge said he will come to a decision ‘very quickly’.
(2) (Attorney) Jim Mermigis felt that the AG’s office did not fight back hard. Their arguments, they say, speak for themselves.
(3) Jim went into great detail about the aborted fetal tissue contained in the vaccines and the process by which this ingredient was collected.
(4) At one point, the AG’s office brought up the fact that the kids were already kicked out of school so where is the irreparabile harm? It already happened, Jim was quick to point out that everyday a child is kicked out of school it is harm to them. The stenographer was cringing as Jim spoke and the judge seem startled as well.
(5) The oral arguments took about an hour. About a thousand people showed up. Please stay tuned for more public information about additional suits as they are filed and it is appropriate to share the information.