Judge Blocks NYC Flu Vaccine Requirement for Preschoolers

NEW YORK (AP) -

A judge has blocked a New York City rule that required preschoolers to get flu shots.

Judge Manuel Mendez’s state Supreme Court ruling was issued early Thursday.

Five mothers sued last month. They argued that the 2013 Department of Health and Mental Hygiene rule was invalid because it wasn’t voted on by the Legislature. They also argued they would be excluded from certain types of preschools if they chose not to get their children immunized.

The requirement applied to certain types of child care facilities. Under the rule, operators who didn’t enforce the vaccine for children between 6 months and 59 months could have been fined.

The rule was initiated by former Mayor Michael Bloomberg.

City Health Commissioner Dr. Mary Bassett said in a statement that she was disappointed in the ruling.