Thousands of NY families hear outcome of stay for relig. exemptions for vaccines

08.26.19 | Sarah Harnisch

Those families got their answer over the weekend.

Judge Denise Hartman denied the preliminary injunction with a 34-page opinion. That means those of faith with religious exemptions will not be able to attend school when it starts next week.

Judge Hartman did acknowledge that there would be irreparable harm to the kids that are barred from campus, and said she found 400 testimonies submitted to the court "compelling." But she also stated unvaccinated children pose a threat to others in the schools who cannot get vaccinated.

Michael Sussman, lead lawyer on the case, said he will be appealing to an intermediate level appeals court in Albany.

Meanwhile, a new lawsuit will be filed tomorrow, Tuesday, in Nassau and Suffolk counties by attorney James Mermagis in conjunction with Kevin Barry of First Freedoms. That lawsuit will challenge the new state law, saying it violates religious freedom protections outlined in the New York constitution.

First Freedoms says it's expecting a ruling on its stay within 1-2 weeks.