Paul, Weiss Secures Victory for Association to Benefit Children

Paul, Weiss won a significant victory for pro bono client the Association to Benefit Children (ABC) against a parent improperly seeking a religious exemption from vaccination requirements. ABC provides pre-school programs for underserved children. In fall 2018, the parent of a student at one of ABC’s programs requested a religious exemption from the requirement that the student have certain vaccinations before attending school. ABC denied the request, and the parent appealed the denial to the New York Commissioner of Education.

On behalf of ABC, Paul, Weiss argued before the commissioner that the parent’s appeal was premature because she had not exhausted her administrative appeal rights within the NYC Department of Education and that the parent did not hold a genuine religious belief against vaccinations, a necessary element. The commissioner agreed with ABC, and dismissed the appeal as premature.  

The Paul, Weiss team included litigation partner Audra Soloway, counsel Adam Bernstein and associates David Giller and Aaron Marks.

The New York State Legislature passed and Governor Cuomo signed a bill repealing the religious exemption for vaccination requirements. In doing so, New York joined several other states, including California, that do not allow religious exemptions from vaccination requirements.