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Day Challenges Judge's Restraining Order On Measles State Of Emergency

Rockland County Executive Ed Day is challenging a restraining order issued by a state Supreme Court judge against Rockland's measles state of emergency.

County Executive Ed Day is challenging a restraining order issued by a state Supreme Court judge against his state of emergency in response to the county's measles outbreak.

County Executive Ed Day is challenging a restraining order issued by a state Supreme Court judge against his state of emergency in response to the county's measles outbreak.

Photo Credit: Rockland County Government

“I absolutely do not agree with the judge’s opinion that this measles crisis does not rise to the level of an emergency, when, in fact, we are facing the longest lasting current outbreak in the nation, and the largest outbreak in New York State in 30 years,” said Day.

Day and Rockland County Attorney Thomas Humbach have sent a letter to the judge that says the judge’s order, as written, has been interpreted by some to mean that students may return to school. 

However, the Rockland County Health Commissioner’s previous order, enacted on Dec. 3, 2018, continues to bar unvaccinated students from schools that have less than a 95 percent vaccination rate, Day contends.

The restraining order written by Judge Rolf Thorsen ruled only on the Executive Order, which took effect on March 27.

“Therefore, today, County Attorney Thomas Humbach sent a letter to Judge Thorsen and to opposing counsel stating our position that the judge’s restraining order did not involve the Health Commissioner’s order,” said Day. “The Health Commissioner’s order was validated in Federal Court and supported by the NY State Department of Health. Therefore, the Commissioner’s order still stands. We are asking the judge to acknowledge that fact.”

In February, the state Department of Health determined that an imminent threat to public health exists in Rockland County, based on the significant health risk and the rising number of measles cases. 

Currently, there are 168 confirmed cases of measles in Rockland since the outbreak began last October.

"It continues to be our opinion that this measles outbreak was a valid reason for issuing the state of emergency," Day said.

The Rockland County Health Department urges those who are still unsure about the merits of immunization to talk to their doctors. For additional vaccination locations, call the Health Department directly at (845) 364-2497.

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