A group of parents filed a lawsuit against the New York State Department of Health and multiple school districts, alleging that their children were unjustly removed from school due to invalidated immunization records. The complaint was filed by The Mermigis Law Group, P.C., and Chad J. LaVeglia, PLLC., in the United States District Court for the Eastern District of New York on September 27, 2024.
The plaintiffs, represented by James G. Mermigis and Chad J. LaVeglia, argue that the New York State Department of Health (DOH) and several school districts violated their children's constitutional rights by unilaterally removing their immunization records from the state database without notice or due process. This action has resulted in numerous students being barred from attending school, some with less than a week's notice. The plaintiffs claim this violates the Due Process Clause of the Fourteenth Amendment and New York State Education Law.
According to the complaint, what began as an investigation into a former nurse practitioner turned into a campaign against her former patients. The DOH allegedly determined that the students' valid immunization records were invalid without any scrutiny or transparency. "The DOH is not following the law; it is eviscerating it," states the complaint. The plaintiffs assert that after erasing these records from the statewide database, the DOH gave students an ultimatum: submit positive titers or get vaccinated again.
The consequences have been severe for many families. Tracy Kolar's son K.M., a senior football star at Sayville Union Free School District with potential Ivy League scholarships on the line, received notice that he would be removed from school on September 27, 2024. Similar notices were sent to other parents across various districts including West Islip Union Free School District and Three Village Central School District. "Plaintiffs are unequivocally punishing students who provided lawful proof of immunization without process and proof," reads one part of the filing.
The plaintiffs are seeking several forms of relief from the court, including a Temporary Restraining Order allowing students to continue attending school pending a final decision; a judgment declaring that defendants' actions violated both the Fourteenth Amendment’s Due Process Clause and New York Education Law; an order mandating that defendant districts allow students to continue their education; preliminary and permanent injunctions restraining respondents from excluding students based on their proof of immunization unless due process is afforded; and reasonable attorneys’ fees, costs, and expenses under applicable state or federal law.
This case brings into focus issues surrounding public health policy enforcement and individual rights to education and due process. As this legal battle unfolds, it will be closely watched by parents, educators, and policymakers alike.
Attorneys James G. Mermigis of The Mermigis Law Group, P.C., and Chad J. LaVeglia are representing the plaintiffs in this case. Case ID 2:24-cv-06836.