Brooklyn, NY – Yeshiva Sued By Anti-Vaxxer Parents For Refusing To Admit Their Child

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    Brooklyn, NY – A Crown Heights yeshiva is headed to court after being sued by a couple whose son was denied admission because he had not met state immunization requirements.

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    Sholom and Esther Laine filed an emergency injunction in Kings County State Supreme Court on October 17th, saying that while they understood that state law required their four year old son to be immunized in order to attend Yeshiva Oholei Torah, they believed that they were legally entitled to an exemption based on their religious beliefs.

    Section 2164 of the state’s Public Health Law, which spells out state vaccination laws, allows for the immunization requirement to be waived in cases of parents or guardians who “hold genuine and sincere religious beliefs which are contrary” to the mandated immunization regulations.

    According to court documents obtained by VIN News, the Laines applied to Oholei Torah last March and were told that proof of immunization was mandatory for all new students as per the school’s written policy.

    Several attempts by the Laines and their lawyer to get Oholei Torah to reverse its decision before the start of the school year failed, and after meeting with the Oholei Torah’s elementary administrator during the first week of school, Mrs. Laine was again informed that the yeshiva does not accept any vaccination exemption requests.

    According to an affidavit signed by Mrs. Laine, the school’s position unfairly infringed on her constitutionally guaranteed religious rights, with Mrs. Laine claiming that she was being forced to “to choose between vaccinating my child, which I won’t do as it is against my religious beliefs, and being able to begin his yeshiva education.”

    In their filing, the Laines asked the court to order Oholei Torah to put an end to its policy of denying religious exemptions from vaccinations and to publicly admit that the rule violated state law. The Laines also requested that their legal fees be reimbursed and that they be compensated for any other costs or forms of relief deemed appropriate by the court.

    The emergency injunction, which included only the Laine’s version of events, was denied without any further explanation by Judge Carl J. Landicino one week after it was filed. The parties are due back in court on November 14th at which time A Judge will decide whether or not to grant a preliminary injunction, which would compel the yeshiva to admit the Laine’s son to the school while the case is pending.

    Approximately four dozen cases of measles have been confirmed in yeshiva students in Monsey, Brooklyn and Lakewood, all of which have been linked to an ongoing epidemic in Jerusalem.

    As previously reported on VIN News (http://bit.ly/2yLBUBe), Rockland County took the rare step of barring unvaccinated children from any school where a confirmed case of measles had been reported on October 18th in the hopes of curtailing the outbreak which has already sickened 40 individuals, with another 11 suspected cases awaiting confirmation by the Department of Health.

    Attorney Joseph Aron, who specializes in discrimination, said that the temporary injunction filed by the Laines was an emergency measure that, had it succeeded, could have gotten their son into Oholei Torah while the overall case was being adjudicated on its merits. According to Aron, the key factor in this case is whether or not a private school has the right to ban students based on their immunizations.

    “I think they can,” said Aron. “The religious exemption seems to abrogate the general rule on vaccinations but it appears that there is nothing in the law that prevents schools from making their own rules. The religious exemption in the Public Health Law gives schools the ability to accept unvaccinated kids but it doesn’t appear that it means that they have to accept them.”


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    93 Comments
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    Reb Yid
    Reb Yid
    5 years ago

    Tough to claim religious exemption when the school of one’s religion is the entity requiring the vaccination.

    DavidCohen
    DavidCohen
    5 years ago

    This lawsuit will be tossed out, and I hope the school will be able to recoup legal costs from the parents. Parents are allowed to not vaccinate children. And schools are allowed to not accept unvaccinated children.

    gersh
    gersh
    5 years ago

    What religous belief?

    Certainly not a Jewish Religous Belief? As there is no religous pasak anywhere allowing for non vaccination according to halachah.

    In fact, halacha requires vaccination.

    Please stop from using halacha as a way to do or not do whatever you decide you want done.

    This was rightfully denied on its merits.

    grandpajoe
    grandpajoe
    5 years ago

    How frum are these people if they want to put their child in a school to infect others.

    nolonger
    nolonger
    5 years ago

    The plaintiff (the parents) should be kicked out of the tribe. Jewish beliefs require vaccination

    hashomer
    hashomer
    5 years ago

    Hmm, I thought only afikorsim made up their own rules. What did Maimonides say to the Sultan about health care for children?

    5 years ago

    Absolutely ABSURD! These parents are putting their child at risk for serious illness, but more crucial is they are putting other children & teachers at risk, they have no right to do this. Hopefully the yeshiva will prevail and these loony tunes can home school their kid! That way they don’t put other children at risk.

    honestbroker
    honestbroker
    5 years ago

    Based on religious beliefs?!?
    Which religion exactly do they adhere to. It sure ain’t Judaism

    5 years ago

    Measles outbreaks are made possible by… The print house

    Yossi-A
    Yossi-A
    5 years ago

    The yeshivahs stand is that the Rebbe has ALWAYS viewed vaccinating your chilren asthevproper thing to do. There are quite a few letters confirming that. As a Chabad school, as one that follows the Rebbe’s guidence, thay require ALL childrwn to be unvaccinated BEFORE they can be admitted to Yeshivah.

    5 years ago

    They shld vaccinate their kids or moce to a third wirld country. When my daughter was on chemo her lofe wldve been cut short only with “stupid Measles”. Totally irresponsible. The schools used to not accept unvaccinated kids. What happened now? Let them form a school on their own. Many of paranoid parents now that can fill up schools and not endanger their local ones. Talk to one of them and ul b influenced in a min. Their minda r so shut that id rather talk to the wall. Just coming from one of them. Hefkeirus!

    5 years ago

    The New York State and NYC Health department rules are very clear on this issue. A parochial school principal has the total authority to decline any exemption requests except fora true medical exemption. A medical exemption , such as a child who is within two years of having been treated for cancer, must be accompanied by a letter from the child’s doctor. There is NO requirement to accept a religious exemption. The parent can ultimately appeal to the NYS Health Department but they will not override a school principal on a religious exemption. The courts have always yielded to the responsible health departments for good reason. Health departments know the risks of allowing these children into our schools. Unfortunately, the anti-vax movement is truly a cult mentality and they have no place in our schools.

    Shlomo2
    Shlomo2
    5 years ago

    If they succeed in getting their kid in to Oholei Torah, next thing they can do is sue to force the school to follow state mandates on teaching secular studies.

    School would claim it’s against their religion.

    Ironic.

    Should be interesting.

    Haimov
    Haimov
    5 years ago

    Religious believes their kids can infect other kids and adults with infectious deceases.

    elyeh
    Noble Member
    elyeh
    5 years ago

    H’shem natan reshis l’rofeh l’rapeh.

    Miriam377
    Miriam377
    5 years ago

    Come Monday all unvaccinated kids will no longer be able to attend schools in Rickland County for 21 days after the latest case of measles diagnosis. It doesn’t matter where your child attends school.

    a-believer
    a-believer
    5 years ago

    Aywa613: omg do I have a lot to say!! If you choose not to vaccinate your children then keep them home for 3 weeks or longer when there’s an outbreak like NOW! Don’t cause illness for other children who may be at risk because of your stupidity!

    5 years ago

    what a chilul Hashem! mesirah like this is an absolute shanda!

    as it is, media is emphasizing that the measles outbreak started by someone traveling from israel. now, a yeshiva is taken to court in an emergency injunction??!

    this is a DOA and should never have happened to begin with. the very same sect who cries for moshiach at every gathering is holding him up with this disgraceful and very public lawsuit

    5 years ago

    They should be embarrassed and ashamed to publicly admit they are willing to compromise the health of children with conditions that prevent them from being immunized.

    I know these parents…. they are the first ones who would scream blue bloody murder if their kid catches so much as a cold from another child. What a disgraceful couple! Good work, Oholei Torah, and I hope the girls’ schools their daughters go to have the same kind of backbone.

    And please… don’t send your kids to the shul where we both go. Keep them home & daven you don’t have to deal with the consequences of your “religious convictions.”

    aywa613
    aywa613
    5 years ago

    Fascinating to see how people are so clueless. I was also once pro vaccines the funny part is that I never knew the ingredients nor how many injuries & deaths they’re are monthly due to vaccinations.
    OBVIOUSLY there’s a reason why peo don’t vax! Don’t u think every parent wants the best for their child???
    The peo that are ANTI are the ones who did research. And I’m talking science!
    Why are u guys scared if u vaccinate you’re kids? Lol
    What about the fact that there are vaccines including measles that contain live viruse?
    That means it sheds. It’s called viral shedding and once the vaccine is administered u are contagious up to 28 days!
    So who’s spreading diseases here??
    What about the outbreaks in history in fully vaccinated populations?
    Does anyone here know what law was passed in 1986???
    Does anyone know how many deaths & injuries VAERS (vaccine adverse events reporting system) receives a month due to vaccines??
    Don’t be NAIVE ! It’s all money!!
    No one cares more about you’re health that they’re pockets !

    5 years ago

    Would you send your child to a school, 180 days a year, knowing that other children in the school might be carrying measles, or even polio?

    Margolioth770
    Margolioth770
    5 years ago

    Congrats for starting a process that will end the archaic practice of those Yeshivas who deny education to dozens of families based on the intimidation tactics of a single physician in the community with a Messianic Complex. His indoctrination of the community has created a polarization never previously witnessed in Lubavitch. This mandate is being applied in a ruthless fashion, beyond the parameters of “Best Practice Guidelines”, and is forcing young couples to leave the community. The draconian measures are built on half-truths and the use of irrational fear-tactics. Those parents who have researched information
    regarding the hazards of all vaccinations being required for all people at all times, or are living the daily nightmare of caring for a vaccination-injured child, live in quiet despair. The reason being the looming threat against those who wish just to hold support-groups or discussion-seminars between experts from both sides of the spectrum. Such actions would result in such retaliatory measures by this physician, the yeshivas, and those members of the community under this demonic spell, that dozens of parents continue to prefer subjecting their children to potential vaccination-injury: A preference to the consequences of identifying their names and addresses as being held to venue even a discussion on the topic.

    Halachic
    Halachic
    5 years ago

    So they are claiming a violation of their constitutional rights. What about the constitutional rights of all the other kids to remain safe in school?

    Margolioth770
    Margolioth770
    5 years ago

    The vast majority of comments being made on this site is indicative of the degree of hatred, division, and ignorance currently driving a handful of informed parents into submission, isolation, and flight. Any discussion on this subject has been forbidden. This lawsuit will bypass the lynch-mob and force both sides to hear experts from both sides expressing what has been deemed forbidden to the surface for public viewing.

    5 years ago

    Hopefully more parents will start fighting for their legal and medical rights! This is a medical freedom matter, and no one should have the right to enforce any medical procedure on anyone! If one kid in the class has strep, should the whole class be forced to take antibiotics? If you’re child is vaccinated, then they’re protected. If anything, it’s the unvaccinated children who should be afraid. Parents should be left to make their own decisions and stop worrying about others. Remember- vaccinated people spread disease just as easily, if not more.
    Can we demand our health department test the measles cases to see what strain it is? It would be helpful to know whether or not it is the vaccine strain- and whether this outbreak was caused by a vaccinated person.

    DavidMoshe
    Active Member
    DavidMoshe
    5 years ago

    Shouldn’t they have brought this case to a beis din?

    Berel13
    Berel13
    5 years ago

    If they are so frum and this is a religious issue, why did they go to court and not bais din?

    aywa613
    aywa613
    5 years ago

    Keep injecting SODIUM BORATE
    The same ingredient which is a known toxin that is in rat poison, pesticides, flame retardants, and laundry detergent
    FORMALDEHYDE A known toxin and carcinogen. A colorless gas with a pungent inrritating odor. It’s vapors are flammable and explosive. Used in making embalming fluid and preserve cadavers.
    DO THESE SAME INGREDIENTS BELONG IN OUR BODIES????

    GoodnessGracious
    GoodnessGracious
    5 years ago

    Obviously all parents want what’s best for their children. No one is actively seeking to harm their own child! Clearly, clearly they believe that what they are doing is in their child’s best interest, and is not placing anyone in harm’s way. It may be difficult to understand how this can be the case with parents who are refusing the mainstream belief that vaccines are safe, effective, and imperative for public health.

    But as Jews in a secular world, we know that anyone who maintains a belief in opposition to the majority-held belief is under a lot of pressure from the other side, and can only hold strong if their path is sincere and backed by enormous stores of proof, research, conviction, and courage.

    Talk to someone who doesn’t vaccinate. Why don’t they? What steps did they take before making their decision. You will be blown away by the amount of time, intelligence, and courage it took to make this important decision.

    As Jews we should be open to questioning anything established – our religion is based on thirst for knowledge. Instead of shouting down opposing opinions, we should engage in open discussion. Thank you, Vosizneias, for providing an uncensored forum!

    Debbie101
    Debbie101
    5 years ago

    all i can say is that i used to vaxx my kids
    had a scare
    did a TON of research – i am talking hours and hours of research of cold hard facts
    i read thru CDC website
    i read thru vaccine studies – pub med and many others
    i read thru the VAERS website – which used to be very simple to read and get whatever info i needed. now they have made it like fort knox with a whole tutorial on how to access the information
    i read books written by MD’s
    i searched and searched until i was 100% sure that i did not want to continue vaccinating
    it took a lot of guts
    i had a really hard time getting my unvaxxed child into school but Hashem is in charge and he got into school
    Life is not easy when you are different and don’t vaccinate and people think you banged your head on a brick wall
    but hey – don’t think life was meant to be easy
    we have to do our Hishtadlus
    in my case hishtadlus was to cease vaccinations.
    and no we are not selfish people at all
    halacha states chayecha kodmim and you are not required or allowed to put your child at risk to save another child
    hope you all have the courage to do the research
    thanks for reading this.

    peretz2
    peretz2
    5 years ago

    Dihydrogen monoxide — otherwise known as water.

    aywa613
    aywa613
    5 years ago

    Wow peo are rlly dumb when it comes to vaccines!! I used to be dumb .
    Guys go do research the science is out there!
    I’m sorry to all the parents who learned the hard way.
    No one can understand the pain of taking care of a vaccine injured child or lose their child to vaccines untill it happens to them unfortunately. So many parents who don’t vaccinate is bec they learned the hard way Hashem Yishmor
    Kol hakavod to this couple I give u all the brachos !!!

    MominMiami
    MominMiami
    5 years ago

    Wow. Parents standing up for what they believe is best for their children! How innovative! Wherever you are on the vaccine page, regardless of whether or not you vaccinate, look how much these parents care for their children! They believe in something strongly enough to take action! We can all learn from that! Big kudos!

    Butterfly
    Butterfly
    5 years ago

    Sorry — this will be thrown out really fast!! Kids are dying and there is an epidemic!! They MUST imunize their child!!

    ercsd
    ercsd
    5 years ago

    Channel 12 Hudson Valley reported that out of the 40 cases 2 are hospitalized and one is in ICU. There are a lot of pregnant women in Ramapo and if they get the measles their child can be born with major problems. My Doctor once said if you read the ingredients on a bottle of aspirin you wouldn’t take it. If you want medical advice you should get it from a medical professional-a DOCTOR.

    aywa613
    aywa613
    5 years ago

    Butterfly !! Kids are dying every day BECAUSE of vaccines!! Go educate yourself! Love these parents! How awesome can someone be! Wow! Hatzlacha whoever u are!
    Measles is NOT a serious disease!
    The mortality rate declined by 99% BEFORE the vaccine was introduced! U can check it out on the CDC website yourself.
    Perhaps we’re having outbreaks bec of the vaccine????? Did u know the measles vaccine contains a live virus?? That means it sheds and the person is contagious up to 28 days!!! Why is the media not telling us if this “measles epidemic” is a vaccine or wild strain??? Lol!!
    Look online what measles was bef the vaccine was introduced ! It was a blessing to get it!!
    Can’t get over these parents totally rock

    Dayainu
    Dayainu
    5 years ago

    First of all, this family does not walk alone. It’s important for them to know that. As someone who has traveled the arduous path to ‘anti-vax-dom’, I wish our fellow Jews, at least, would understand that none of us know everything. Telling someone what to inject in their children’s bodies is breathtakingly inappropriate. I wouldnt presume to bully you into doing what i do. If you choose to take your doctor’s word for vaccine safety- fine. Taking the CDC’s word for it is fine. Whatever you’ve thoughtfully chosen is fine because we all require siyata dishmaya every time we make Any choice at all.
    The choice to cease vaccination is not an easy one. You do it when you simply can’t unlearn what you’ve learned. Being a parent and being a Jew means being a pursuer of truth. That this is an unpopular truth makes no difference if it means doing what you have found is right. People don’t do this out of laziness or ignorance- though many like to think so. We walk this uphill battle (mostly silently) hoping the political climate will change for our children. (Sorry to say, media IS political)
    Just like we don’t believe the media’s slander of Israel, none of us can afford to believe the slander of the non-vax choice many of our people have made.
    No. We didn’t do it because it’s the cool thing to do. We do it because we have done our research and fiercely care for the health of our children.
    There are plenty of doctors and immunologists and rabbis who stand strongly on this side. You don’t know them because their voices aren’t welcome in this present climate. But they are there and baruch Hashem for them.
    One last thing…we are all enlightened enough to know that publicly ripping someone apart is not acceptable. Nowadays, sneering at people who are too frum, or not frum, or anything in between, is a show of bad middos. So where does closemindedness go in such times? It goes here! No need to be curious or open-minded or dan lkaf zchus! Not when it’s a ‘mitzvah’ to shame antivaxxers into submission… this should make Any torah- true Jew take a step back and do some individual research.
    A great quote to finish with: speak softly and sweetly for tomorrow you may have to eat your words…

    Happyandfree
    Happyandfree
    5 years ago

    Does anyone notice the juxtaposition of the headlines on this site? It says “Just days after massacre…..online hate is thriving”.
    We ask Hashem to grant us shmira to protect us from our enemies. How can we expect protection from this vitriol and violence from outside while hosting so much hatred within our own community?
    It is nice to “stand together against antisemitism”, but it’s not enough.
    I think Intolerance and hatred needs to be uprooted from within our own circles.
    Do you really believe only what the media tells you about your fellow Jews? That they would put so much at stake for no reason?
    As Jews, we know that we usually need to look deeper for the full story. Half a story is paramount to a lie.
    It seems ok to simply blame/shame anti-vaxxerss and never bother to mention the other side of the debate. Are you ok with this one sided conversation?
    If people would put all this energy into advocating for an open dialogue, they would discover that there is more to this side of the debate than a paper from 1998. This is a conversation that has been avoided for too long.

    5 years ago

    A strong personal belief does not qualify as a “genuine and sincere religious belief”. You would actually need the psak of a proper rav in consultation with an experienced medical doctor to render a medical “belief” as religious.
    Nor does suing a yeshiva in public court qualify as a halachically acceptable or peaceful way of resolving a disagreement.
    Anti vaxxers have chosen not to vaccinate their children based on their limited understanding of an issue. And that would be ok, if it didn’t impose risk on other people their children come in contact with.
    So no, it’s not even a personal decision. It’s a decision, that according to majority of mainstream doctors and Rabbanim, compromises the safety of small babies, pregnant women, their unborn babies and all immuno-compromised people.
    That is what raises the ire of so many people. You can choose to do as you please with your child..but don’t do so at the expense of the weakest in our community. And definitely don’t sue a yeshiva for the right to do so.
    If you choose not to vaccinate your child then take responsibility for your actions and keep your children isolated from the community at large. That way you minimize the risk your decision imposes on others.
    So to whoever it was that said Jews are all about discovering and identifying the truth, that’s not what Hillel said. He said the basis of the Torah is loving your fellow as much as yourself. Caring for others, not only yourself. So if your personal truth goes against that precept, then it’s possible you havent actually discovered the truth yet.
    Thank you Oholei Torah for standing strong and protecting your staff and our children!!

    aywa613
    aywa613
    5 years ago

    BH Shehechiyanu that these parents are doing this for our community!!
    The Emes is always the hard way to break in.
    I admire these parents for so strongly believing in what they do.
    DO NOT inject Carcinogenic neurotoxic ingredients into your children because of schools!!
    Wake up everyone go look online about tens of Doctors that were very highly placed in the CDC itself saying how they left the place bec it was one big lie to the world , how they only look how to make the world more and more sick (making them more money for every medicine they are prescribed)
    Wtv it just feels like a endless battle when Moshiah comes will know the real Emes
    For now these parents should continue their goal till the end Amen!!
    I wish you my best!

    5 years ago

    To # 54 Dayanu You speak about bad midos. You and your ilk spread diseases that kill other people and we have bad midos. Absurd.
    you remind me of the story of the guy who as on a sinking ship. He calls out “Hashem please save me”. A few minutes later a ship pulls up and throws him a life jacket. He declines and says, “Hashem will save me” A few minutes later a helicopter flies over and throws him a ladder He declines and says, “Hashem will save me”. A few minutes later he drowns and comes before the heavenly court. He cries “Hashem I trusted that you will save me.” Hashem replies I tried saving you twice. I”m sorry to say Dayanu ENOUGH of this idiocy and get vaccinated. Hashem put it here to save people. USE IT.

    Yossi_Schochet
    Yossi_Schochet
    5 years ago

    These selfish parents are forcing the Yeshiva to spend MY tzedaka money on lawyers to defend the lawsuit. That is like stealing money from a tzedaka pushka. It doesn’t get lower than that! I am sure this action against the Yeshiva will help them get brocha v’hatzlocha in their children’s chinuch, not! How foolish can the fools be!

    Yossi_Schochet
    Yossi_Schochet
    5 years ago

    We know what is good for our children. You think keeping our kids out of school will protect your kids?! What protection will your precious children have in shul, in the pizza shop, in the clothes store?!

    We will bring our children to shul.
    We will bring them into eateries.
    We will keep them in schools.
    We will bring them to the clothing stores and food stores!

    If YOU don’t like it – then YOU keep your kids out of school, shul, pizza shops, shoe stores..

    Why don’t all vaccinated people you keep YOUR children locked up to “protect” them. Because our children will be running around and doing what children do and there is NOTHING you can do to stop us!!

    HeshyEmes
    Active Member
    HeshyEmes
    5 years ago

    Seems to me that the anti-vexers have the same mentality as the conspiracy believers. People with low self esteem need to feel special and “in the know”; hence a belief (usually accompanied by smugness) that they don’t “fall” for the propaganda that the Government is selling that 9/11 was caused by Osama Bin Laden, that vaccinations are safe; etc. Ha’tzad Ha’shuveh? Big ego, need to feel important, limited intelligence, and the requisite amount of krumkeit. Just my opinion.