NY COURT of APPEALS REINSTATES NYC FLU MANDATES FOR NYC PRE-SCHOOL CHILDREN
Earlier today the New York State Court of Appeals, New York’s highest court, released an unanimous decision supporting a New York City Board of Health regulation from 2013 requiring annual flu shots for children in pre-schools and daycare regulated by the City, overturning a lower court ruling, and a 5-0 Appellate division decision, rejecting the City’s claim that it had the authority to impose its own vaccine mandates. No further appeal is possible.
The City’s regulation applies to children age 6 to 59 months, and only those programs under the supervision of the City of New York. Many daycare and pre-school programs are under the supervision of the New York State. Children at state supervised programs are not bound by the regulation. The Court recognized in the decision that religious and medical exemptions apply to the flu shot requirement.
The decision appears to open the door to local governments across New York State to mandate vaccines in addition to those required by state law. New York City now joins Connecticut and New Jersey as the only places in the United States, and the developed democracies, that require flu shots.
NY State Court of Appeals Adjudication document court of appeals – flu shot mandate – 64opn18-Decision