It’s Not Over, but Medical Exemption to Vaccination Strengthened in NY
April 25, 2020 — 12-year-old autistic Thorn Schwarz was kicked out of school when Cuomo forced an “emergency regulation” in August of 2019 that illegally took away a valid medical exemption to vaccination Thorn had for years. Now not only has Thorn been allowed back into school permanently, judge Dan Doyle has reached a preliminary ruling that Governor Cuomo and the New York Department of Health have “over-stepped” their authority.
That’s real good!
It means we have come much closer to getting hundreds of disabled children back into school in New York with valid medical exemptions to vaccination! The case isn’t over, but it is moving in the right direction. This is a major blow for Governor Cuomo and his Commissioner of Health Howard Zucker.
WHEC News, which is a local NBC affiliate station, has been covering this story since it broke in September of 2019. Watch and read their reporting at the following link: https://www.whec.com/news/thorn-schwartz-vaccines-medical-exemptions/5710056/
Read my previous reports on Thorn at the following links:
John Gilmore of the Autism Action Network sent out the following information today regarding this extremely important court victory:
From John Gilmore
Some good news. In a decision yesterday NY Supreme Court Judge Daniel Doyle allowed 12-year old Thorn Schwartz to retain his right to attend school by rejecting a group of motions to dismiss Thorn’s lawsuit challenging a Monroe County school’s withdrawal of his medical exemption from vaccine mandates. And, this is huge, the legal basis for the draconian new rules for medical exemptions imposed by the Cuomo administration last fall were undercut when Judge Doyle made a “preliminary finding that the state has overstepped their boundaries” according to Thorn’s attorney Patricia Finn.
Attorneys for the school and the New York State Department of Health argued that statutory language that allows a physician to issue a medical exemption if, “such immunization may be detrimental to the person’s health or is otherwise medically contraindicated,” actually means, “a child has a medical contraindication or precaution to a specific immunization consistent with ACIP guidance or other nationally recognized evidence-based standard of care.” The Judge rejected the State’s interpretation writing they, “are not entitled to dismissal of the Petitioners’ challenge to the regulation defining “may be detrimental to the child’s health”.
The suit is not over, but Thorn will retain his right to attend school when it resumes while arguments go forward, and this decision provides a preliminary finding that Cuomo’s extreme restrictions on medical exemptions could be ultimately overturned.
Please share this message with friends and family and please post to social networks while we still can.