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“Protecting the health and informed consent rights of children since 1982.”
Sent by Michael Belkin:
http://www.lc.org/pressrelease/various-political-items/nr012901.htm
Contact: Mat Staver
January 29, 2001
Federal Court Issues Order Allowing Students To Return To
School Who
Objected To Vaccinations For Religious Reasons
New York, New York - On Friday evening of January 26,
Federal Court Judge Nicholas G. Garaufis issued an Order requiring the Board of
Education for the City of New York to allow students to return to school who
objected to vaccinations for religious reasons. On January 24, parents of a
second and seventh grader filed suit in Federal Court requesting an immediate
order requiring the school to allow their children to return to the classroom. Based on religious objections, the parents
refused to have their children vaccinated.
Maja Leibovitz, the mother of a second grader, received a
letter from her school on November 16, 2000, stating that unless the child
received a vaccination within two weeks, she could not return to class. The
student was evicted from school on November 30 and has not been able to return.
The school then called Child Protective Services claiming that the mother was guilty
of educational neglect for not placing her child in public school. In the
meantime, the grandmother, who is a New York City public school teacher, has
been homeschooling the second grader on the weekends. Nevertheless, the school
Principal stated that he would flunk the girl since she was not attending
public school.
Joseph Rotella, the father of a seventh grade student, was
shocked when he received a call on January 3 stating that his daughter had been
escorted from class because she refused the Hepatitis B vaccination. Hepatitis
B is transmitted only by sexual contact, needles, or being born to a mother
with Hepatitis B. The child was forced to miss the next several days of school until
the next Friday. At that time, the Assistant Principal called Mr. Rotella and stated that the situation could
be resolved with a clergy affidavit. Over the weekend, Mr. Rotella received an
affidavit and sent his daughter back to school on Monday. At that time, two
security guards barged into her class during the middle of the session and
physically escorted the daughter to the administrative office where the parents
were called and informed that the Board of Education refused to allow their
religious exemption. She has not returned to school since January 8.
The parents contacted Liberty Counsel and after
negotiations failed to resolve the situation, Liberty Counsel filed suit in
Federal Court asking for an immediate restraining order. Following a two day
trial, the Federal Court issued an Order allowing the students back into
school. Today they are in school as a result of the Order. Mathew D. Staver,
President and General Counsel of Liberty Counsel, represents the families. He
stated, “I am very pleased with the Judge’s ruling. I am, however, appalled at
the actions of the Board of Education. The Board sought to force these families
to abandon their religious beliefs, and when they refused to do so, the Board
contacted Child Protective Services claiming educational neglect. The Board has
engaged in outrageous conduct and demonstrated religious insensitivity despite
the fact that state law allows exemptions from the vaccinations for religious
reasons.” “The Board of Education is not above the law,” concluded Staver.
# # #
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32854
Phone: (407) 875-2100
- Fax: (407) 875-0770
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INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR
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