Facing expanding the measles outbreak, New York Mayor Bill de Blazio announced an emergency on public health on Tuesday and ordered a mandatory vaccination program in parts of Brooklyn.
Such a health order is rare, but not unheard of in American history, medical experts said. This has happened several times.
The Supreme Court ruled more than a century ago that compulsory vaccination was legal, although the court made a distinction between the punishment of citizens for refusal and actual vaccination by force.
However, both tactics have been imposed over the past 1
The vaccination order in New York is written in a way that seems to leave open both possibilities, depending on how strict the city chooses.
Blasio's mayor said New Yorkers in affected neighborhoods who refused to vaccinate or vaccinate their children could be fined $ 1,000.
But the order issued by Commissioner for Health, Dr. Oxiris Barbort, said that anyone who has not been vaccinated and can not prove immune to measles or produces medical relief "must be vaccinated. "
Signed by the Commissioner – beyond the actual text of the order – is an additional warning that non-compliance is a crime and can lead to fines or imprisonment. On Tuesday, Dr Barbot said stubborn refusals would be considered "on a case-by-case basis, and we will have to consult our legal advisor."
A case in the area, according to Daniel A. Salmon, Director of the Vaccine Safety Institute at Bloomberg School of Public Health Johns Hopkins, is the decision of the 1905 Supreme Court at Jacobson against Massachusetts.
the court confirmed the power of states to impose forced vaccination on the grounds that when the danger rises, the freedom of the individual may be subordinate to the common good.
The applicant, Henning Jacobson, was in Cambridge, Massachusetts, a pastor who had been vaccinated against smallpox as a child in Sweden and claimed to have caused him life-long suffering.
He also claims that vaccination is an "invasion of his freedom" under the 14th Amendment. During a smallpox outbreak, he refused to be vaccinated or his son was vaccinated and fined $ 5.
Massachusetts was then one of the 11 countries with mandatory vaccination laws, but did not allow vaccination with force. By voting "from 7 to 2" the court left the case and said that the prison could also be imposed.
But Judge John Harlan wrote for the majority that people can not be forced to be vaccinated.
Paul was used in Philadelphia in 1991, says Dr. Paul A. Oft, director of the Vaccination Center at Philadelphia Children's Hospital.
The outbreak of measles this year has infected over 1,400 people and killed several children. It began in two fundamentalist churches that rejected modern medicine and practiced healing of faith.
The court ordered children in these churches to be vaccinated. Their families did not resist.
"They were very peaceful," remembers Dr. Oft. "Once it was the law of the city, they realized it and were quite calm about it."
(A pastor of the church has vaccinated his dog because the law requires it, he said, but her son has died from infection with Hib bacteria, which is prevented with a vaccine that is given to children for two months.)  Urban and state health commissioners often have enormous powers. Most public health laws are written in the 19th century, when waves of cholera, yellow fever and smallpox are killed that kill thousands.
In the 1892 cholera epidemic, New York Health Commissioner, Dr. Cyrus Hudson, was the Committee of the Congress, asking what the limits of his powers were. He replied that could even conquer the city hall and turn it into a hospital.
In the 1990s, when several New Yorkers with multi-drug resistant tuberculosis – mostly homeless men – refused to take antibiotics, they were forced to be held in a locked area of Bellevue Hospital and forced to take drugs until they were no longer infected.
However, forced vaccination is more politically sensitive than quarantine or forced treatment. Vaccines are given to healthy people – sometimes infants – instead of sick and clearly threatening others.
Vaccination for smallpox became obligatory in some parts of Europe as early as 1806, but the first attempted forced vaccination in that country occurred. The city almost broke into riots, says Dr. Howard Markell, director of the Center for the History of Medicine at Michigan University. the entire neighborhood was surrounded by the police on March 7, 1900, less than 24 hours after local health officials concluded that a wood dealer found dead in a basement in a bed in a boarding house died of plague. [19659002ChumatatogavaebilaobichaynavKitayiprez1899gedostignalaChaynataunnaHonolulu"Kontroliranizgaryane"nanyakolkozarazenischumikashtiporachaniotgradskiyasavetpozdraveopazvaneizlezeotkontroliizgori4000kashtiostavyaykihilyadibezdomni anti-China bias grows in California, and the Chinese were terrified that what happened in Hawaii, will be repeated.
Quarantine in San Francisco was lifted on March 9, partly because employers needed their workers. Health inspectors and police began to search the community for the sick, fighting all those who resisted. and the Japanese to leave the city, disinfect all their homes – and vaccinate them with an experimental plague vaccine.
(The National Panic was so great that the Secretary of the Treasury ordered all Asians to be denied transport
The vaccine was invented only three years earlier than Waldemar Hafkin, an Orthodox Jew who was expelled from Russia with anti-Semitism and moved his laboratory to India 19659002] The second quarantine lasted for weeks, and Chinatown faced famine while local merchants did not donate food.The Chinese press reported that the Hafkin vaccine killed some Indians and that several inhabitants of Chinoveu
The Chinese Consolidated Charity Association, a civilian group, filed a lawsuit, and a federal district judge stopped the vaccination, saying: the order separated the Asians without a medical cause
Finally, the efforts to vaccination was rejected as the governor asked President William McKinley to come in. The local federal health official began issuing orders so they effectively prevented all Californians from leaving the state without his permission. The imposition of fines on people for refusal to be vaccinated has a complex history, says Dr. Salmon. In the UK, he notes, the fines are sometimes repeatedly imposed on repeated refusals.
"People have lost their houses and become martyrs," he said.
The fines also create injustice, because some can afford it, and others can not. "You ultimately punish people based on their ability to pay," says Dr. Salmon.
There is almost always a reaction.
In the United Kingdom, the 1853 Vaccination Act encouraged the creation of an anti-vaccination movement, and in the United States America's Vaccine League was founded three years after Jacobson's decision against Massachusetts