Courts Override NY Democrats, Return Vaccine Exempt Children to School
February 1, 2020 — Disabled children in wheelchairs, walkers, with autism and far worse afflictions have been kicked out of all New York schools by the Democrats; thousands of them, because they are exempt from getting vaccinated. The Democrats claim any child with a “valid medical exemption” to vaccination is allowed in school, but today that is not the case.
In August of 2019, Governor Cuomo issued an emergency regulation to deny virtually all medical exemptions to vaccination. The NY courts have now determined – at least twice – that Cuomo’s emergency regulation is in essence illegal. The courts ruled two children with valid medical exemptions must be allowed back in school. Those two children are Ameer Hamideh (pictured above left) and Thorn Schwartz (pictured above right). Ameer is multiply disabled and Thorn is autistic. Ameer has been back in school since November and Thorn returns to school on Monday, February 3rd.
Both children were kicked out of school even though their parents presented valid medical exemptions to vaccination written by their doctors. Both had no choice but to sue the schools that had illegally denied the children their federally guaranteed right to a Free and Appropriate Public Education (FAPE) (which is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act).
In both cases the parents won, and both children are back in school. But thousands of other disabled children right now are at home – in their wheelchairs and walkers; with their assistive technology and communication devises – deprived of special education services and interaction with their peers. In fact the state isn’t even providing their mandated services at their homes in most cases. They have been completely written off. These are the children whose parents can’t afford a lawyer to fight their cases. The courts are now poised to hear arguments as to whether Cuomo’s emergency regulation denying medical exemptions is entirely illegal, and if the regulation needs to be thrown out or amended.
How the hell did New York get to this horrendous place?
This all started when the Democratic majority in Albany repealed the Religious Exemption to vaccination on June 13, 2019. When this happened most Albany Democrats made two gigantic mistakes:
(1) They did not do their due diligence on the matter, and
(2) They did not count on how heartless and ruthless Governor Cuomo was going to be.
You must understand the history of vaccine exemptions in New York to fully appreciate Cuomo’s sick cruelty towards disabled children. In New York it is nearly impossible to get a medical exemption to vaccination that is actually honored. The law here is clear – only a medical doctor can write a medical exemption to vaccination, but the schools still deny them by referring the exemption to the Department of Health where they are almost always killed. Because of this unfair, and illegal structural flaw, for years many doctors have told parents, “Yes, your child will get injured if they get another vaccine; but your only recourse is to go get a Religious Exemption for your child.”
So thousands of children who had valid medical reasons to not be vaccinated received Religious Exemptions (REs) to vaccination because it was their only true option. When the RE was repealed, instead of doing anything to assist these vulnerable children who could not be vaccinated, Cuomo did the opposite. He issued an emergency regulation to the Health Department ensuring they would not grant medical exemptions to the thousands of students who needed them because their REs were just made null-and-void by the repeal law. However under New York law the Department of Health (DOH) plays no role in accepting or rejecting a medical exemption to vaccination to begin with. Therefore Cuomo’s new regulation was clearly an over-reach of power: it was attempting to strengthen a power of the DOH that it never legally had!
So now the New York Democrats are the political party who kick disabled children while they are down. This is a bad, bad look for them (to put it nicely). Especially when the Democrats have traditionally been the party that speaks about equal access, universal design for learning for all children, accessibility of transportation, equal employment, and on and on an on…
Now thousands of disabled children are home bound, illegally denied an education because of laws Democrats baked like a cake and a ruthless regulation King Cuomo iced that cake with. I do not think the 2020 election cycle is going to be kind to many incumbent Democrats in New York. We are seeing many Dems being challenged in primaries, as well as many who may lose their seats to Republicans.
Not every Democrat fell for Cuomo’s okey-doke. 19 Brave Democrats voted NO to repealing the Religious Exemption to vaccination, and they may be the future of the party. We are seeing many of these Democrats thrive!
Assemblywoman Rodneyse Bichotte who bravely went against party leadership – voting NO to repealing the Religious Exemption to vaccination – has just taken her place as Brooklyn’s new Democratic Party chair. This makes her the first African American woman in New York City to hold the position of Party chair. An excellent piece was written about her in the Amsterdam News by Rev. Dr. Kahli C. Mootoo.
Also in Brooklyn Assemblywoman Tremaine Wright is getting endorsed left-and-right to fill a soon-to-be vacant Senate seat. She too voted NO to repealing the Religious Exemption to vaccination. The outgoing Senator, Velmanette Montgomery – who held the Senate seat for 34 years – has endorsed Assemblywoman Wright to be her successor. Oddly enough Senator Montgomery voted YES to repealing the Religious Exemption to vaccination – twice! She voted YES in the Senate Health Committee, and YES on the floor of the Senate. Less than 7 months later she announces her retirement and gives her endorsement to a rising star in Brooklyn who voted NO to repeal.
Both Bichotte and Wright are African American. New Jersey Assemblyman Jamel Holley is an African American man who stopped the repeal of the Religious Exemption to vaccination in New Jersey. He has swiftly become a national leader on the issue, and has pledged to engage legislators all across the country – including in New York. This makes me think of a quote from Virstyne Henry back in December; she has a theory she likes to call “The Once black people find out about it it’s over for them” theory. We may be witnessing this theory becoming a reality right here, right now.
Meanwhile Brad Hoylman, the Big Pharma-loving State Senator who originally sponsored the bill to repeal the Religious Exemption to vaccination, is being challenged by Liz Glass, who has made Vaccine Choice and Health Freedom a centerpiece of her candidacy.
Senator Monica Martinez from Suffolk County, Long Island is not falling for Cuomo’s okey-doke either. She sees how horrendous the situation is for her political party as it relates to kicking disabled children while they are down. Because of this she proposed new legislation – bill S7573 – that would protect the medical exemption to vaccination and restores it to the clear intention of the letter of the law: the medical judgment of the child’s physician shall prevail, and his or her decision may not be overridden by school or public health authorities.
It is abundantly clear that there is a huge shift happening in New York politics, as well as a rift in the Democratic party. Leadership is siding with Big Pharma but a growing minority of Democrats see that this unholy marriage is a sinking ship that could cost them their jobs in 2020.
Vaccine Injured 9-year-old Boy Back In School https://thefedupdemocrat.home.blog/2019/11/12/disabled-vaccine-injured-9-year-old-boy-back-in-school/
News10NBC Investigates: Judge orders child back to school after he was banned over vaccines https://www.whec.com/news/thorn-schwartz-vaccine-religious-exemption-new-york/5630018/
Democrat Heroes in Albany, NY https://thefedupdemocrat.home.blog/2020/01/14/democrat-heroes-in-albany-ny/
Rise of Bichotte to Brooklyn County chair is a strong step forward for the borough http://amsterdamnews.com/news/2020/jan/30/rise-bichotte-brooklyn-county-chair-strong-step-fo/?page=1
VIDA Endorses Tremaine Wright and Stefani Zinerman for State Legislature https://www.bkreader.com/2020/01/28/vida-endorses-tremaine-wright-and-stefani-zinerman-for-state-legislature/
Longest-Serving Member of the State Senate Announces Retirement and Endorses Tremaine Wright https://bklyner.com/longest-serving-member-of-the-state-senate-announces-retirement-and-endorses-tremaine-wright/
Elizabeth Glass Challenges Brad Hoylman for NY Senate https://thefedupdemocrat.home.blog/2020/01/28/elizabeth-glass-challenges-brad-hoylman-for-ny-senate/