A New York State judge has vacated the state of emergency declared by Rockland County Executive Ed Day, which facilitated a ban prohibiting anyone without a measles vaccination, under age 18, from entering any public space in the county. The 30-day order, enacted March 26, included places like schools, stores, shopping malls and places of worship as well as any form of public transportation.
A group of several dozen parents, however, challenged the order in New York State Supreme Court – a challenge that was validated in court on Friday (April 5) by Justice Rolf Thorsen, who vacated the ban.
Since October, 166 people have been infected with the virus in Rockland County alone. But the judge said such an emergency order cannot exceed five days – and in a population of 330,000 people, 166 cases over a span of six months does not constitute an “epidemic” requiring an emergency order.
In response, the county executive, unrepentant, issued a statement to justify his action.
“While today’s ruling by Judge Thorsen did not go as we had expected I want to commend those here in Rockland who have used this State of Emergency as an opportunity to get vaccinated and have conversations with their friends and neighbors about vaccination. We sought to find a new way to fight back against a disease that was eradicated almost 20 years ago and refused to sit idly by while those in Rockland were put at risk.”