NM v. Hebrew Academy Long Beach

155 F. Supp. 3d 247, 2016 U.S. Dist. LEXIS 2837, 2016 WL 105950
CourtDistrict Court, E.D. New York
DecidedJanuary 9, 2016
Docket15-CV-7004(ADS)(AYS)
StatusPublished
Cited by6 cases

This text of 155 F. Supp. 3d 247 (NM v. Hebrew Academy Long Beach) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NM v. Hebrew Academy Long Beach, 155 F. Supp. 3d 247, 2016 U.S. Dist. LEXIS 2837, 2016 WL 105950 (E.D.N.Y. 2016).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

This case involves a constitutional challenge to New York’s requirement that school-aged children be vaccinated against certain communicable diseases in order to attend classes.

The Plaintiff, identified for purposes of this action as NM, commenced this action on behalf of herself and her two minor children, identified as EK and LK (together, the “Minors,” and collectively with NM, the “Plaintiffs”), against the Hebrew Academy of Long Beach (“HALB”), its President Lance Hirt (“Hirt”), its Executive Director Richard Hagler (“Hagler”), its Principal Dovid Plotkin (“Plotkin,” together with HALB, Hirt, and Hagler, the “School Defendants”), as well as New York State’s Commissioner of Education Mary Ellen Elia (“Elia”), and New York State’s Commissioner of Health Howard M. Zucker, M.D., J.D. (“Dr. Zucker,” together with Elia, the “State Defendants”).

The complaint alleges violations of federal. and state laws, including causes of [249]*249action based on Section 2164 of the New York Public Health Law; Section 296 of the New York Human Rights Law; the First, Ninth, and Fourteenth Amendments to the United States Constitution; and Article 1 of the New York State Constitution.

Presently before the Court is a motion by the Plaintiffs, brought on by Order to Show Cause, seeking a preliminary injunction directing the School Defendants to permit the Minors to attend HALB during the pendency of this lawsuit without receiving the required vaccinations.

I. Background

A. Overview of the Relevant Statutory Provisions

Before delving into the specific facts of this case, the Court finds that it will be helpful to provide an overview of the legal framework governing the intersection of religious beliefs and state-mandated vaccinations.

Section 2164 of the New York Public Health Law (the “PHL”) imposes a baseline requirement that school-aged children be immunized against certain enumerated diseases. In relevant part, the statute provides as follows:

No principal, teacher, owner or person in charge of a school shall permit any child to be admitted to such school, or to attend such school, in excess of fourteen days, without the [appropriate certificate by an administering physician] or some other acceptable evidence of the child’s immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus influenza type b(Hib), meningococcal disease, and pneumococcal disease ...

PHL § 2164(7)(a).

However, the PHL carves out two express exemptions from this general requirement, namely: (i) a medical exemption for children whose pediatrician certifies that the required immunizations may be detrimental to their health, see PHL § -2164(8); and (ii) a religious exemption. Relevant here, the religious exemption removes from the statute’s purview “children whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to” the practice of vaccinating, and, as to them, requires no certificate of immunization as a prerequisite to their attendance at school. See PHL § 2164(9).

With this basic statutory scheme in mind, the Court turns to the relevant facts of this case, which are drawn primarily from the testimony provided during a related evidentiary hearing held on January 4, 2016, together with the affidavits and supporting exhibits submitted in connection with the Plaintiffs’ motion.

B. The Parties

The Defendant HALB is a school system comprised of four individual educational institutions, namely, the Lev Chana Early Childhood Center; HALB Elementary; the SKA High School for Girls; and the DRS High School for Boys. HALB offers a bieultural education in both general and Judaic studies from nursery school through high school, and has a total enrollment of approximately 1,675 students. See Dec. 21, 2015 Affidavit of Richard Hagler (“Hagler Aff.”), ¶ 3.

The Plaintiff NM is a graduate of Touro College, where she earned a Bachelor’s degree, and Fordham University, where she earned Master’s and Doctorate degrees in Psychology. The record is unclear as to whether NM is currently employed. She and her husband, a practicing attorney, have three daughters, ages 11, 8, and 3. The Court notes that the Minors in [250]*250this case, namely, EK and LK, are the Plaintiffs eldest two children.

NM is a devout Orthodox Jew and has raised her three daughters in the Orthodox Jewish tradition. For reasons that NM alleges are inexorably linked to her faith, she has not vaccinated her children and does not intend to do so.

C. HALB’s Method of Evaluating Requests for Religious Exemptions

From 2010 to 2015, the Minors EK and LK attended HALB. During that time, neither child was vaccinated as required by the terms of the PHL. In 2010 and 2012, NM applied for religious exemptions on behalf of her daughters, which were granted in both instances. See Dec. 4, 2015 Affidavit of the Plaintiff (“PLAff.”), ¶¶ 24-25. However, in 2015, HALB reevaluated the children’s entitlement to an exemption.

The Plaintiffs contend that this resulted from a new policy instituted by HALB at the suggestion of its Board of Directors, namely, to deny religious exemptions to its students. In this regard, NM asserted that, in May 2015, she received a telephone call from the school nurse, advising her that HALB “was instituting a policy change and would no longer be accepting religious exemptions.” PI. Aff. ¶ 26. Consistent with this assertion, the Plaintiffs submitted an e-mail, dated May 21, 2015, from an unidentified sender, which, in turn, attached a memorandum purportedly issued by the school nurses, namely, Devo-rah Sokol RN and Wendy Weiss RN. See Compl., Ex. “2.” The memo states, in part, that “HALB does not accept any Religious Exemption to Immunization. Only a Medical exemption can excuse a student from a vaccine, beliefs do not.” Id.

HALB’s President, Lance Hirt, testified that the information circulated by the school nurses was inaccurate and did not reflect any official position of HALB. In this regard, the School Defendants deny that any “new policy” regarding religious exemptions was enacted, or that HALB ever determined to categorically refuse religious exemptions to its students. However, the School Defendants do acknowledge that, in mid-2015, they altered HALB’s internal procedures for evaluating requests for religious exemptions, in order to make the process more intensive.

In particular, Hirt testified that, in early 2015, numerous parents had begun contacting the administration in response to reports of a measles outbreak in California. Hirt stated that these concerned parents inquired into HALB’s preparedness for such an event, as well as the adequacy of the measures being employed to prevent such an outbreak among their own children. According to Hirt, these events prompted HALB to assess the sufficiency of its procedure for determining which students should be excused from receiving the State-mandated vaccines.

Hirt testified that, upon reflection, HALB found its own enforcement of PHL § 2164 to be below the legal standard.

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155 F. Supp. 3d 247, 2016 U.S. Dist. LEXIS 2837, 2016 WL 105950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nm-v-hebrew-academy-long-beach-nyed-2016.