A group of Brooklyn mothers with children in preschool are suing the city over its policy of mandatory flu vaccinations.
The five parents claim that a 2013 rule passed by the city’s Health Department is illegal because it was not voted on by state lawmakers.
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The suit, filed in Manhattan Supreme Court Monday, notes that the state’s highest court struck down the ban on large sugary drinks because it was an administration rule and not a law.
State legislatures have considered adding the flu shot to the list of 11 mandatory vaccines, but have repeatedly declined to do so, the suit says.
Rasigni, and the other moms — Magdalena Garcia, of East Harlem; Lynn Rosenger, of Borough Park; Michelle Carroll, of Bay Ridge; and Gabrielle Jakob, of Sheepshead Bay — say their kids will be barred from attending preschool if they don’t get them vaccinated before Dec. 31.
They all agree to give their kids the other mandated vaccines.
In June 2014, a Brooklyn federal judge said the government had a right to prevent non-immunized kids from attending public schools.
“We are confident that the Board of Health has the authority to require flu vaccinations which protect children and the broader public from serious illness. We will review the specific claims once we are served with the lawsuit,” said the city Law Department in a statement.