Central Rabbinical Congress of the USA & Canada et al v. New York City Department of Health & Mental Hygiene et al
| Central Rabbinical Congress of the USA & Canada, Agudath Israel of America, International Bris Association, Samuel Blum, Aharon Leiman and Shloime Eichenstein |
| New York City Board of Health, Thomas Farley and New York City Department of Health & Mental Hygiene |
| Infectious Diseases Society of America, Pediatric Infectious Diseases Society, American Academy of Pediatrics and American Sexually Transmitted Diseases Association |
| 1:2012cv07590 |
| October 11, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Naomi Reice Buchwald |
| Constitutional - State Statute |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
52
MEMORANDUM AND ORDER denying 11 Motion for Preliminary Injunction. This case implicates interests of the highest order. On the one hand, plaintiffs assert that section 181.21 burdens one of the foundational rituals of their Jewish faith. On the oth er hand, defendants maintain that this ritual places infants at a serious risk of a potentially deadly infection and that parents might be unaware that their children are being exposed to this risk. The function of our law on free exercise of religio n is to balance these conflicting interests and reach a principled resolution. Plaintiffs may defeat the regulation only by rebutting a strong presumption that the regulation is constitutional. For the reasons stated herein, plaintiffs' motion for a preliminary injunction is denied. The stay of enforcement of section 181.21 is hereby terminated. (Signed by Judge Naomi Reice Buchwald on 1/10/2013) Copies Mailed By Chambers. (ft)
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