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Exemptions: The state of New York

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if you don't get the attachment, email me---------- Forwarded message ----------Gary Krasner <cfic

Sun, May 9, 2010 at 11:34 AMExemptions: The state of New YorkcficActivists outside NYS:

 

Many of you refer residents of NYS to me, so I just thought I would appraise you of some events in NYS.

 

As most of you know, CFIC serves the needs of parents who don't vaccinate.  One of them involves exemption from school vaccinations.  NYS is a difficult state to obtain an exemption because the regime in place requires sincerity testing by local school districts.  The DoH makes sure that they adaquately perform that screening process.

 

I wrote 3 bills that would reform this process.  Two would modify the existing exemptions (religious and medical), and a third creates a philosophical exemption category.   CFIC has about 5000 members, and we will soon be applying intensive lobbying on legislators on a local level throughout the state.

 

In the meantime, I've assisted parents with religious exemptions.  Over 2,000 parents have been helped.  But it's essentially a life boat measure.  It's not sustainable over time, with exemption status always being under review and can be rescinded.  And groups seeking to rescind the exemption provision in the law.

 

Until this year, I did well in obtaining exemptions.  But with the H1N1 scare, and a new strict Commissioner of Health, I believe these were among the factors the contributed to some exemption applications being denied----and in districts that never posed a problem previously.

 

I agreed to handle 4 appeals concurrently, from January to April.  It was exhausting, because there was a deadline to serve some paper almost each week.   One of those papers was a memorandum of law against NYC.  (see attached)

 

NYC violates due process, and felt it was a good opportunity to bring those arguments to bear in this case.  This is administrative law.  A non lawyer like me may represent a party in the proceeding.  But I don't know if these arguments will be dispositive.  Though I can still win on the merits of each of the two cases against NYC, even if the Commissioner discounts my arguments of law.  But it may stand as precedent if it is considered.  Indeed, I don't take cases that are likely to lose, for the reason that it would leave adverse precedents for appellants that follow me.

 

The attached brief is educational for those not familiar with the difficulties parents face in NYS.  I hope those who read it gain a better understanding of our situation.  Critical review and comments are welcome.

 

Happy Mothers Day

 

Gary Krasner, Director

Coalition For Informed Choice

188-34 87th Drive, Suite 4B

Holliswood, NY 11423

718-479-2939

CFIC

www.CFIC.us

 

NOTE -- Please use <garykrasner only if your message carries file attachments totaling over 2 MB.

 

" For a successful technology, reality must take precedence over

public relations, for Nature cannot be fooled " . . . Richard P. Feynman

 

 

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