PARENTS VS. DHHR Judge Refuses To Issue Injunction To Block Mandated School Vaccinations
Reported by: Bob Aaron
Web Producer: Bethany Simmons
Reported: Sep. 6, 2012 8:19 AM EDT
Updated: Sep. 6, 2012 4:35 PM EDT
EYEWITNESS ONLINE WEBCAST VIDEO C L I C K T O P L A Y
Charleston
, Kanawha County
, West Virginia
A Kanawha County judge refused Wednesday to issue an emergency injunction blocking state mandated vaccinations for school students.
A group called "We The Parents" tried to block the state requirement for the shots. It argued there were problems with administrative rules handed down by the Department of Health and Human Services.
Judge Tod Kaufman refused to grant the temporary restraining order, and also declined to strip school boards of the right to keep out kids not inoculated. The next step will be hearings on a permanent injunction.
"My advice would be if parent has a problem in any particular county that they seek redress in that county from the BOE that seeks to prohibit their kids from going to school.," Kaufman said.
During the hearing the DHHR's lawyer said school systems have not yet kicked kids out of school who were not properly vaccinated, but an attorney for "We The Parents" said a two-week grace period has ended.
Thursday Tiffany Boles told Eyewitness News that her 5-year-old daughter is not being allowed to attend Warwood Elementary School in Ohio County because she lacks a required shot. Boles objected to the vaccine on religious issues, but had hoped to use the challenge of the administrative rule to keep her kid in school.
The DHHR pointed out that "We The Parents" does not represent all parents in the state of West Virginia.
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Bob Aaron
