The facts as alleged in the complaint, and as adduced at the hearing, are summarized as follows: In or before April 1993, Kathryn and David Berg sought to enroll their five year old twin daughters, Emily and Sasha, in the Glen Cove City School District, and requested exemption from the immunization requirement of New York Public Health Law § 2164. For the reasons below, plaintiffs' request for a preliminary injunction is granted. At the close of the hearing, this Court reserved decision pending receipt of medical and dental records for plaintiffs, and, upon the consent of the parties, directed that the TRO remain in effect pending the decision on the request for a preliminary injunction.
At the December 2 hearing, this Court heard testimony from Kathryn and David Berg, on behalf of plaintiffs, and Rabbi Howard Jachter, on behalf of defendant. This Court issued a temporary restraining order (the "TRO") the same day, and scheduled a hearing on plaintiffs' request for a preliminary injunction for December 2, 1993. Plaintiffs commenced this action on November 9, 1993, by filing their complaint with an order to show cause seeking a temporary restraining order and a preliminary injunction. Plaintiffs contend that the immunizations required by § 2164 are contrary to their genuine and sincere religious beliefs and that they are entitled to the benefit of the exemption set forth in § 2164(9). § 1983, by refusing to grant plaintiffs an exception to the immunization requirements of New York Public Health Law § 2164, and prohibiting the infant plaintiffs from attending school in the Glen Cove City School District unless plaintiffs have their children immunized. Plaintiffs Kathryn and David Berg, individually and as guardians for their minor children, Emily and Sasha Berg, commenced this action against defendant Glen Cove City School District alleging that defendant violated plaintiffs' constitutionally protected rights of freedom of religion and equal protection of the law under the First and Fourteenth Amendments to the United States Constitution, and under 42 U.S.C.
GLEN COVE CITY SCHOOL DISTRICT, Defendant. Kathryn BERG and Daniel Berg, etc., et al., Plaintiffs,
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