A lawyer is poised to sue New York City for ordering mandatory measles vaccinations in the toughest action against the virus in US history.
Mayor Bill de Blasio declared a state of emergency on Tuesday, which, he said, gave him the power to require vaccinations in Brooklyn's Williamsburg neighborhood, where more than 250 measles cases have been reported since September, particularly in the Orthodox Jewish community.
Those who refuse could face fines of up to $1,000 or six months in jail, according to New York Senate emergency laws cited by de Blasio and other city officials at the press conference.
But Michael Sussman, a civil rights lawyer, says there are not enough cases to warrant a state of emergency, and he plans to have a case filed against the city by Friday.
He will argue the case violates state laws and disproportionately targets minority religious groups.
Normally, New York City allows for people to skip vaccinations if they have a medical reason or a religious reason. But Mayor Bill de Blasio has rescinded religious exemptions for the select area in Brooklyn where measles is spreading among Orthodox Jews
Sussman last week forced a judge in upstate New York's Rockland County to allow unvaccinated kids back at school despite hosting the state's other major measles outbreak, with 168 cases since last fall.
Since de Blasio's announcement on Tuesday, he says, he has been contacted by dozens of families to repeat his performance, this time downstate.
Drawing comparison's to Donald Trump's extremely tough and unprecedented immigration policies, Sussman accuses de Blasio of 'authoritarianism.'
'The rule of law is critical. We have a country that is already leaning towards authoritarianism, with regards to immigration. De Blasio is pushing for extra-legal measures,' Sussman told DailyMail.com.
He added: 'This does not qualify as an extreme emergency.
'New York City has a carefully crafted set of public health laws. In the case of an outbreak of a contagious disease, those laws allow for quarantine to stop its spread, they also allow for a school where there is a case of measles to disallow attendances. Those are two measures that are explicitly authorized by legislation.
'Politicians are now reaching to adopt authoritarian measures which are primarily focused on the broad population and attempting to force those populations to vaccinate where there's no legal warrant for it.'
Explained: New York City's emergency measles order
Normally, New York City allows for people to skip vaccinations if they have a medical reason or a religious reason.
But Mayor Bill de Blasio has rescinded religious exemptions for the select area in Brooklyn where measles is spreading among Orthodox Jews.
The order states that as of Thursday morning, any adult or child that has not received the MMR (mumps, measles, rubella) vaccine in four Williamsburg ZIP codes (11205, 11206, 11211, 11249)
