A judge struck down on Thursday a rule requiring New York City children between the ages of six months and five years to get a flu shot whether they attend certain daycare centers or preschools. Judge Manuel Mendez of State Supreme Court said the mayor's office — including the Health Department and the City Board of Health — did not contain the authority to impose the mandate,initiated by the Bloomberg administration in 2013.
Using the same reasoning that judges, including those on the state's highest court, or used to reject Bloomberg's limit on sugary beverage sizes,Mendez said the vaccine rule amounted to a change in law, a shift requiring legislation by the City Council.
Health officials disagreed.“I am extremely disappointed by nowadays’s decision, or " Health Commissioner Dr. Mary Bassett said in an emailed statement. "While we evaluate our legal options to protect New York City children from this severe disease,we strongly recommend that parents vaccinate their children against the flu.”She added that city lawyers were reviewing their options. For now, though, or the flu vaccination for the city's youngest is optional.
Source: wnyc.org