Measles Rockland County

John Meore/The Journal News

Measles Vaccination Fight Rages On In Rockland County

April 07, 2019 - 12:54 pm

NYACK, N.Y. (WCBS 880/AP) -- Rockland County lost a court fight to keep kids who haven't had the measles vaccine away from public places – but the battle is far from over.

Supreme Court Justice Rolf Thorsen ruled Friday in favor of several dozen parents challenging County Executive Ed Day's order, part of efforts to stop a measles outbreak that has infected 166 people since October.

Related: Judge Knocks Down Rockland County’s Emergency Measles Declaration

The 30-day order enacted on March 26 bans unvaccinated people under 18 from gathering places including schools, stores and churches. Civil rights lawyer Michael Sussman called Day's action “arbitrary and capricious.”

The judge said such emergency orders cannot exceed five days. He also noted that 166 measles cases in a population of 330,000 people over six months doesn't constitute an “epidemic” meriting an emergency declaration.

So can kids in the county who haven’t been vaccinated go back to school on Monday?

Related: Measles Outbreaks In NY’s Orthodox Jewish Communities On The Rise

Day says he doesn’t believe the judge’s decisions extends to some schools that have a lower vaccination rate.

Parents who sued and won think it does, and there could be more court fights coming up.

Officials say they have now contacted several dozen people who were exposed to measles in a Nyack hospital. That includes 11 children and four pregnant women.