An acting state Supreme Court justice in Rockland County Friday halted the county executive’s emergency declaration aimed at curbing a measles outbreak. The 30-day emergency order that began March 27 barred from public places those under 18 years of age who are unvaccinated against measles.
The preliminary injunction comes in response to a lawsuit filed Wednesday by a number of parents of unvaccinated children. Michael Sussman is their attorney.
“Well the declaration’s life by its terms went to April 25,” Sussman says. “We’re back in court on April 19, so I would say it’s pretty much a strike- down.”
The judge’s decision says the number of Rockland measles cases does not fit the definition of a disaster, including an epidemic. In a statement, County Executive Ed Day says the state of emergency resulted in more vaccinations. And he says that waiting for a medical catastrophe is ill advised. Day’s order drew international attention. Rockland County has 167 confirmed measles cases since October.