WHITE PLAINS, N.Y. (CBSNewYork) – A federal judge has ruled against a group of local parents who are refusing to vaccinate their children.

More than 40 students have been banned from a private school during the Rockland County measles outbreak. On Tuesday, the judge said he would not lift that ban.

Those students and their families were in a courtroom instead of a classroom, fighting an order to stay away from fellow students due to the high risk they could contract and spread the measles.

MORE: Unvaccinated Child Nearly Dies Of Tetanus, Family Ends Up With $1 Million Medical Bill

The controversial parents said the ban was doing more harm than good.

“Preventing my child from being with his class, his teacher, his classroom has had a significant social and psychological impact,” one mother who wouldn’t give her name claimed.

The unidentified parent added her youngster has missed 90 days of class at the private Green Meadow Waldorf School in Rockland County.

Rockland County parents who refuse to vaccinate their children stand outside court on Tuesday, March 12. (Credit: CBS2)

The school says 83 percent of students are vaccinated for measles due to several families’ religious objections. The Rockland County health department’s so-called “exclusion order” applies to schools with less than 95 percent vaccination level.

In December, the county health commissioner ordered unvaccinated children at 60 private schools in two zip codes to stay home until a severe measles outbreak ended.

Green Meadows families sued, saying the “exclusion order” was too broad and should not apply to schools that have no current measles cases.

“I do not believe state law gives the authority to the public health commissioner of the county or the state to exclude children from school where there is no reported case of measles in the specific school,” attorney Michael Sussman said.

MORE: Major New Study Finds No Link Between Vaccines And Autism

Judge Vincent Briccetti disagreed, saying the exclusion order to protect public health was “neither arbitrary nor outrageous.”

 “We have to stand strong for the protection of the babies and the infirm who would be affected by this disease,” Rockland County attorney Thomas Humbach added.

Some Green Meadows parents have hired tutors. Others have arranged for their children to watch livestreams from the classrooms they can’t attend. A handful have relented and had their kids vaccinated.

Most of the impacted schools in Rockland are yeshivas.

Comments (37)
  1. “Preventing my child from being [in school] has had a significant social and psychological impact.”

    I’m guessing the parent is claiming this exclusion is the school’s fault and not her own. Guess what lady, the social and psychological impact lays on your shoulders. You shouldn’t have the right to risk your child’s life and you don’t have the right to risk other children’s lives.

    I do wonder, since many of these schools are yeshivas, how many of the unvaccinated kids have a religions exemption. I know that some in the Orthodox Jewish community feel that vaccines are against Jewish law.

  2. Maryann Lima says:

    Well good for this Judge. NOW let’s send this same Judge to the southern border, and have him refuse entry to all those down there now under quarantine for mumps. Also deny entry to all those that have measles, tb, and other communicable diseases…. Watch how fast he reverses himself.

    And while I am at it, I am just wondering why this program exists, if vaccines are so safe. Because until YOUR child is affected by a vaccination, until YOUR child ends up with a lifelong illness due to a vaccination or until YOUR child dies due to a vaccination, it’s all well and good. This government pays millions of dollars every single year to victims of vaccinations.


    1. Bailey Moad says:

      It’s a numbers game and the numbers FOR vaccination far, far outweigh those who may be adversely affected. And you forgot to mention the “herd” mentality. You have no problem putting your unvaccinated child in the midst of vaccinated children in the erroneous belief your kid won’t get sick. Your kid will get sick, at some point. You are an ass.

  3. Bob Jeffersonian says:

    “Those students and their families were in a courtroom instead of a classroom, fighting an order to stay away from fellow students due to the high risk they could contract and spread the measles.”

    I think one should get their kids vaccinated, but I am also appalled at the lack of sound logic from judges. This order presumes that everyone else in the school is vaccinated. So, whom would the kids contract the disease from while at school? And who would they spread the disease to? Within their own group of 40, sure, but the judge isn’t protecting the already vaccinated, the vaccine is.

    With this said, it is a private school and they have no right to attend, even for religious reasons.

    1. Bob, I’m afraid it doesn’t quite work that way. The article states that 83% of the kids are vaccinated. Have a large 17% unvaccinated group of students does risk the health of even the vaccinated. Herd immunity requires a higher level of vaccination than that. Also, the 40 wouldn’t be the only ones at risk. Even vaccinated kids can get the disease and the more unvaccinated kids the greater that risk.

  4. Jason Kolenda says:

    My child is immune-suppressed. We depend on most to be vaccinated to prevent spreading communicable diseases.

  5. Brandi Stemp Dayhaw says:

    so they are telling your unvaxed kids to stay home for fear that they will contract the disease as well as spreading it if they do become infected you know like the infants that are to young to get the vax…..I say good for them for looking out for your unvaxed kids health and the health of others that they could potentially spread it to…..I guess your next solution is parents should not allow their infants out of their homes until they are old enough to be vaccinated because you want your unvaxed child to be allowed to go and do what ever they choose to do….
    recent yrs outbreak is directly related to the increased # of those choosing to not vaccinate. lord knows I never heard of an outbreak during my entire childhood years.

  6. Bob Suyak says:

    My opinion is that any parents who do not vaccinate their kids against a preventable disease is just stupid.

  7. oh your poor baby can’t go to school for 90 days? imagine you poor baby potentially make other people’s poor baby have measles and potentially die. Apparently some people can only think about themselves.

  8. Go online and read the vaccine inserts, then tell us how you feel about vaccines. Remember, also, that people can shed after having a vaccine, getting others infected. Big Pharma vaccine makers are protected through a vax court run by our own government, which is basically admission by the industry that vaccines can and do injure people and a “no fault” assurance to the pharm companies. The reason why herd immunity is desired is, as they say, vaccines do not work for everyone…go make sense of that…and if that’s true, how do they know who is protected by vaccines? They say if someone is vaccinated and gets the disease, it won’t be as bad…go make sense of that. Finally, if someone who is not vaacinated gets the disease, they have lifetime immunity…no boosters, no side effects. Listen, if someone’s immune system is not working adequately, whther they get a vaccine or not, their body will have problems with disease (or the vax itself!) It’sd just junk science. Remember, the CDC is the biggest purveyor of vaccines in the world owning many patents…they have a vested interest in a $24 billion vaccine market.

    1. jgwingfield says:

      Because if you can’t believe the internet, who can you believe?

  9. James Durkin says:

    There are multiple studies and reams of evidence that proves you are WRONG. Look at REAL science for a change, and at the careful statistical analyses that have been done, instead of the discredited junk science losers you rely on. YOU are an exemplar or why this is a major problem in our society today – it is people like YOU who have created this. In my opinion, YOU belong in jail for reckless endangerment – of your kids, of other kids, of babies who have not yet completed their vaccinations, and of people with immunodeficiency disorders, any of whom can DIE because you, and people like you, are complete and utter MORONS!

    As for the judge here – good on him! And as for the whiny mom in the video – look in the mirror when you look for someone to blame for your son’s social deprivation – you and your reckless, utter stupidity!

  10. You must also believe the world is flat, UFOs are buzzing the Earth all the time, & The US government deliberately created AIDS.

  11. sgtted says:

    Vaccinate your children, you morons. Your WRONG about vaccinations being a danger.

    1. yo mama says:

      Then why won’t the Dr.s let you read the vaccinne label before they give you the shot?

      1. jgwingfield says:

        Here’s a radical thought. Ask them for it.

  12. Mark Mitschow says:

    No. This is at least the ninth major peer reviewed study by actual scientists showing that vaccines do not cause autism. How much more time and money must be wasted proving this yet again before anti-vaxxers will stop with this nonsense? https://www.nytimes.com/2019/03/05/health/measles-vaccine-autism.html

  13. Shirley Williams says:

    Take a good look at WHY all of a sudden there are these outbreaks of diseases we have not had to worry about for years……………./????????????????Take a good look at these illegals coming across our borders. They are carrying measles, sm pox, TB, lice, ticks, fleas, parasites, etc every diseases possible. Many Border agents have gotten TB from these illegals. Look at typhus from the filth in these Once beautiful cities turned into sanctuary. ..When you devalue your country, yourself…. you become a big sewage tank. But of course these special people do not have to worry and they are not mingling with these illegals.. But those people who feel strongly against vaccines may have to change as they have never been faced with these mass hordes of diseased illegals.

    1. Mark Mitschow says:

      Actually, the evidence is pretty clear that almost all US measles cases are caused by nitwit Americans who refuse to get vaccinated…….

  14. Be sure to understand where all this nonsense started…in elite private schools by rich rich liberal democrats in Malibu, CA – the Doctor they sight their “research on” was stripped of his medical license and renounced in several medical journals. Look it up. Pure baloney linking it to autism as well – pure and simple hogwash just like climate change is “settled” science.

  15. Mark my words; This is all preconditioning to push mandatory vaccinations for everyone. They are coming for us.

    “Twenty-five million Americans are infected with the viruses that came out of the lab… into the humans via contaminated blood and vaccines.”

  16. If you haven’t had all 76 doses of CDC vaccinations, you are a danger and a threat to yourself, your family, your friends, and your community. Make an appointment to get started. And if you have kids, they have to have all 36 doses of CDC vaccinations by the age of 5. Get going. Make those appointments, because the federal government is now considering, and has bills being written, for mandatory vaccinations for EVERYONE. Nurses escorted with armed thugs will come to your door very soon. Mark my words. Here are the studies that show the link between Autism Spectrum Disorder, and vaccinations. http://mainevaxchoice.org/wp-content/uploads/2018/10/VaccineAutismStudies.pdf

  17. No measles in the school? We can fix that!

    “I do not believe state law gives the authority to the public health commissioner of the county or the state to exclude children from school where there is no reported case of measles in the specific school,” attorney Michael Sussman said.

    In other words, if there have been no reported cases, the unvaccinated kids should be able to go to school, so that there will be some reported cases.

    1. Ed Meyer says:

      Read a book, dolt.

  18. lthacker28shackman28 says:

    There’s no cure for ignorance!

    1. Yes there is; it’s called informed decision. Knowledge is power.

  19. Who are these parents of unvaccinated kids? LEFTISTS. “SOCIALISM” means that your kids are NOT YOURS, you have a DUTY to other kids, therefore you LOST YOUR CASE (haha). They voted in this totalitarian system, now they can lick it up.

  20. Eddie Seigler says:

    thought those left-wing democrats preached that EVERY CHILD IS ENTITLED TO A PUBLIC EDUCATION ???????? Guess not!!!!! If most children are immunized against measles by vaccine then what is the danger to them ???? and why deny these children an education??? Makes no sense but who says “progressive democrat socialists” make sense or really stand for the education of all??? In truth they want the public to be indoctrinated with their political beliefs and just to obey when ordered to do so…..mostly autocrats and the real danger to a free society

    1. Mark Mitschow says:

      As anyone who knows anything about epidemiology or statistics could tell you, there are some children whose underlying serious health issues (e.g., cancer treatment) cannot get vaccinated due to underlying health issues and are put at substantial risk from something like measles. Then there is the issue of herd immunity, which is compromised once a critical mass of the population are not vaccinated. That’s why choosing to not get your kids vaccinated remains a very selfish and stupid thing to do even when using all caps and lots of exclamation points…….

  21. Gee King says:

    Both my boys were immunized against measles. Both got measles – twice. I really don’t understand the concept of parents being outraged because someone didn’t immunize their own child. If you have immunized yours, they won’t get it – right?

    1. Scott Greenstone says:

      You don’t understand parents reactions because you don’t understand science.

      The fact that your kids got measles twice is actually supportive of their beliefs. No vaccine is 100% effective and your kids are the exception. They likely contracted the disease from someone who wasn’t vaccinated. Your kids NEED everyone else to be vaccinated to prevent them from getting it again.

      1. Jeremy Stricklin says:

        Apparently you don’t understand that if vaccines don’t work…. they are not a vaccine.

        1. Based on… what exactly? No vaccine is 100% effective, because you are fighting an evolving and dynamic virus. The flu vaccine doesn’t “cure” you from the flu, but it trains your immune system for that year’s leading strain and reduces your chances (or reduces the symptoms). https://www.cdc.gov/vaccines/vpd/mmr/public/index.html

          1. Actually the measles vaccination was grown in the lab. They do not have a vaccine for wild measles. Healthy kids that get the measles from shed vaccinated kids are then immune for life.

            1. Mark Mitschow says:

              Last year approximately 100,000 people died of measles related complications worldwide, almost all of them in places where the vaccine is unavailable. Why on earth would you willingly subject your fellow citizens to a dangerous and totally preventable disease like that?

  22. Larry Cline says:

    “Preventing my child from being with his class, his teacher, his classroom has had a significant social and psychological impact.”

    My daughter has JRA (Juvenile Rheumatoid Arthritis) and so CANNOT have many vaccines. If she were to contract measles or some other disease from YOUR unvaccinated child, that would have a much bigger impact, and not just a “social” or “psychological” impact. The fact that you’re an anti-vax pinhead probably has as much or worse impact on your kid than the judge’s sensible order, or, for that matter, getting the goddam shots.

    You have a right to your beliefs (even the stupid ones) but your rights end where they begin to endanger others.

    1. Mark Mitschow says:

      I’m very sorry to learn about your child’s serious health issue and even sadder that selfish, stupid, and militantly ignorant people are putting her at unnecessary risk……

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