Potential Discrimination in New York City’s Measles Public Health Emergency Order

Posted: 6 May 2019

See all articles by Lawrence O. Gostin

Lawrence O. Gostin

Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: April 11, 2019

Abstract

On April 9, 2019, New York City Health Commissioner Oxiris Barbot declared a public health emergency requiring measles vaccinations for all residents living in 4 zip codes in Williamsburg and Brooklyn. Persons with valid medical reasons would be exempt from the order. Emergency declarations in New York and other jurisdictions are responding to the worst series of outbreaks of highly-contagious measles in the United States in decades. Within the past 6 months, New York has reported several hundred measles cases mostly among unvaccinated individuals. Reaching “herd immunity” for measles requires a 95% vaccination rate. These orders are purposeful but also legally challenged on grounds of fairness and unequal application.

Keywords: measles, emergency, public health, legal, New York, outbreak, crisis

Suggested Citation

Gostin, Lawrence O. and Hodge, James G., Potential Discrimination in New York City’s Measles Public Health Emergency Order (April 11, 2019). Available at SSRN: https://ssrn.com/abstract=3369995

Lawrence O. Gostin

Georgetown University - Law Center - O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9038 (Phone)
202-662-9055 (Fax)

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

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