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MILLER v. McDONALD

1:23-CV-00484 EAW.

720 F.Supp.3d 198 (2024)

Joseph MILLER, individually and on behalf of his minor children attending an Amish school in Clymer and as a board member of that school, Ezra Wengerd, as representative of all Amish schools in the State of New York, Jonas Smucker, individually and on behalf of his minor children, Dygert Road School, Pleasant View School a/k/a Twin Mountains School, and Shady Lane School, Plaintiffs, v. Dr. James V. McDONALD, in his official capacity as Commissioner of Health of the State of New York, and Dr. Betty A. Rosa, in her official capacity as Commissioner of Education of the State of New York, Defendants.

United States District Court, W.D. New York.

Signed March 11, 2024.

Attorney(s) appearing for the Case

Aaron Siri, Elizabeth A. Brehm, Siri & Glimstad LLP, New York, NY, Walker Moller, Pro Hac Vice, Siri & Glimstad LLP, Austin, TX, Christopher D. Wiest, Pro Hac Vice, Attorney at Law, PLLC, Crestview Hills, KY, for Plaintiffs.

Daniel Ryan Maguire, New York State Attorney General's Office, Buffalo, NY, Denetra D. Roberts, Assistant Attorney General, Buffalo, NY, for Defendants.

DECISION AND ORDER

INTRODUCTION

New York, like every other state in the nation, requires that schoolchildren be vaccinated against various contagious diseases, including measles, polio, varicella (chicken pox), and pertussis (whooping cough). See N.Y. Pub. Health...

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