On March 26, 2019, Rockland County executive Edwin J. Day issued a measles outbreak emergency directive that said, in part, "no parent or guardian of a minor or infant under the age of 18, shall cause, allow, permit, or suffer a minor or infant under their supervision, to enter any place of public assembly in Rockland County, if that minor or infant is not vaccinated against measles for any reason other than being serologically immune to measles as documented by a physician, or prevented from receiving a measles vaccination for a medical reason documented by a physician, or because the infant is under the age of 6 months."
Plaintiffs filed a petition for a preliminary injunction under CPLR Article 78, opposing this emergency order, and stating that this action was "arbitrary, capricious, and ultra vires/contrary to law."
Judge Thorsen granted the plaintiffs' petition for a preliminary injunction on April 5, 2019, and Rockland County appealed. The case is W.D. v. Cty. of Rockland, Index No. 031783/2019.