CT anti-vax movement to launch legal challenge against repeal of religious exemption – New Haven Register

“We are absolutely going to be challenging this in court,” Ducat said Wednesday morning, her voice hoarse from leading the day-long event.

Ducat said three attorneys have been retained — Stamford-based Lindy Urso, Kevin Barry of New Jersey and James Mermigis of New York.

At least two of them — Urso and Mermigis — have filed lawsuits against governors over their pandemic-related restrictions. They are all outspoken opponents of ending religious exemptions.

Mermigis represented an Amish family in western New York State who objected to the state’s elimination of religious exemptions, arguing it was an unconstitutional infringement on religious rights. The lawsuit was unsuccessful.

Urso sued Gov. Ned Lamont last spring over his mask mandate, arguing it infringed on individual liberties. He has spoken out against efforts to end Connecticut’s religious exemption, and voiced support for the Connecticut couple who sued the state Department of Public Health to block its release of statewide, school-level data showing the percentage of students who are not vaccinated.

Urso said the lawsuit will likely be filed in state court in the coming weeks. The list of plaintiffs is still being determined, but Urso said they will likely keep it to a small group.

“We have every expectation that one way or another the case may end up in the Connecticut Supreme Court,” he said. “Connecticut has very strong religious freedom protections and we feel very strongly that this bill violates those laws.”

Given Connecticut has one of highest vaccination rates in country, Urso questioned the need to repeal the religious exemption.

“It’s very unfortunate that our state government has decided to jump into the pockets of the pharmaceutical industry at the expense of its citizens,” he said.

A flyer from Tuesday’s rally reads: “After years of fighting to preserve our religious freedom, it all comes down to this. The final showdown. The last stand. Whatever you call it, we are one vote away from losing our religious exemption to mandatory school vaccinations in Connecticut.”

Ducat said those opposed to the repeal of the religious exemption have long expected this outcome given the Democratic majority in the General Assembly, so they’ve been “preparing for a while” to ultimately fight the battle in court.

Lamont, speaking after an unrelated event in downtown Meriden on Wednesday morning, said vaccinations have never been more important. He signed the religious exemption bill early Wednesday afternoon with little fanfare. The childhood inoculation issue is not connected to the COVID-19 vaccine, although many people at the rally Tuesday said they have no intention of seeking a vaccine for the coronavirus.

“Look, it had a strong vote of the people’s representatives and senators in the legislature, knowing how important vaccinations are,” Lamont said. “You know what I’m doing on COVID, we’re encouraging everybody to get vaccinated as best we can. When it comes to the schools we want to keep those kids safe.”

Asked about the relatively small percentage of children in the state who aren’t vaccinated, Lamont said that in recent years, many more parents have been seeking the religious exemption. That is now prohibited and will be enforced at the start of the 2022-23 school year.

“More importantly, I want to send a message out that vaccines are safe and effective,” Lamont said, adding, “Everybody sues, but we’ll be okay.”

Two Democrats — Sens. Cathy Osten of Sprague and Dennis Bradley of Bridgeport — joined the 12-member Republican minority, who argued the legislation represented an overreach by the government and a violation of civil rights, in voting against the bill, which was approved 22-14 in the Senate Tuesday.

Outside protestors spent the day chanting “Kill the bill,” and making their opposition, on grounds of religious freedom, personal liberties, and parental rights, known.

Toward the end of the nine-hour debate Tuesday night, Senate President Pro Tempore Martin Looney, D-New Haven, a lawyer, noted that federal courts dating back to the 1800s have sided with cities and states that have required childhood vaccinations.

“It is medicine and public health, and for that reason we need this bill,” Looney said, noting that children have rights of their own, above and beyond the wishes of their parents. “The state needs to promote confidence in vaccines. Children are not the property, the possession or the chattel of parents or guardians. They have independent rights apart from their parents.”

julia.bergman@hearstmediact.com