A Kentucky student who has not received the chickenpox vaccine wants to go back to school after the health department says he has to stay away from the outbreak of cases.
Cincinnati Enquirer

CINCINNATI – A high school student in Kentucky lost the case by challenging an order that banned him because he refused to get the chickenpox vaccine. The Independent District Health Council after banning pupils without chicken pox immunity from attending school and extracurricular activities during an outbreak.

18-year-old Jerome Kunkel was "devastated" by the decision, said his attorney Christopher Vis of Covington, Kentucky. Kunkel is not against all vaccines, he told Enquirer earlier, but opposed those who use aborted fetal cells in their production, including varicella vaccine.

Jeff Mando of Covington, who represented the health department, the decision "backed the mission of the health department to protect the public health and welfare of people in northern Kentucky." More: The police officers break the door to check for the feverish child

Wiest said in court that the ban would not be effective to stop the spread of chicken pox, which is found in 32 students, about 13% of the student body. "Ordering chicken pox does not make any sense," said Vist. "Everyone goes to a daily and weekly table, the parish receives communion with the tongue, the children of the sacrament will spread chicken pox, this testimony is unambiguous."

Wiest said about 30 other students were out of school a banned department and they joined Kunkel's legal cause. They visit the Assumption or Our Lady of the Sacred Heart, a primary school of the same property as the Kunkel School.

Tuesday's decision confirmed the authority of the Kentucky Health Department to implement rules to prevent the spread of communicable diseases.

Early correspondence sent by the health department encouraged students without immunity to avoid community interaction to prevent the spread of the disease.

On Monday at the hearing, Kunkel asked a judge to return him to school and lift the ban

But the lawyer at the health department challenged Kunkel's claim.

"This is not a case of religious discrimination," Mando said. "Instead, he questions this question: Do unvaccinated students in the Assumption have the right to go to school, play basketball and attend other extracurricular activities in the face of a very serious and infectious disease outbreak in the school?" Karen Kunkel listens to a hearing in Jerome Kunkel, 18, at the Boon District Court Monday, April 1, 2019. Jerome, Senior Assistant Professor at the Walton Academy, objected to the request of civil servants for varicella vaccination when 32 students from his little Catholic school collided with the disease this year ” width=”540″ data-mycapture-src=”” data-mycapture-sm-src=””/>

Bill and Karen Kunkel listened during a cheer hearing, Jerome Kunkel, 18, at the County Court of the Bun County Monday, April 1, 2019. Jerome, Senior a specialist at the Academy of the Assumption in Waltham opposed the request of public health officials for varicella vaccination when 32 students at his little Catholic school faced this disease year.

During a nearly five-hour hearing, Boone County Court Judge James R. Schront heard from medical experts on chickenpox and vaccine that came to the US market Question before Schrand, however, was more closely focused on the power that health workers can apply to citizens when trying to keep the disease.

The case arose when the suspect eggs began to pass through the Assumption Academy and Our Lady of the Heart-Card School in early February. The Health Department sent a warning to the parents.

The evidence at the court hearing Monday at the District Court showed that only about 18% of schoolchildren were vaccinated against childhood diseases such as chickenpox. The vaccination rate for varicella in Kentucky is about 90%.

Jerome Kunkel, 18, took testimony at a hearing in the county court of Boone County on Monday, April 1, 2019. Jerome, a senior teacher at the Walton Academy of Success, objected to the request of public officials healthcare for varicella vaccination when 32 pupils from his little Catholic school faced this disease this year.

In the court Mando pointed out that the state form signed by Kunkels to release Jerome from vaccine on a religious basis contains the warning "This person may be subject school exclusion, group facilities, or other programs if local and / or state health authorities advise exclusion as a disease control measure.

In the middle of February, the number of cases of suspected varicella jumped from six to 18. The basketball team of the Assumption boys was preparing for the playoffs in the US League. Local health officials, following consultations with state authorities, banned extracurricular activities to prevent the spread of the disease in other parts of the country.

The ban prohibits activities outside school for 21 days after the last case of chicken pox. Kunkel, the center of the basketball team, and his parents called on local and state health authorities that while Jerome had a religious release of vaccinations, he was healthy and not infected.

The health authorities said the epidemic had not known when Jerome Kunkel could get sick.

The Health Department issued a statement after the decision, which reads:

"The judgment of the Court … emphasizes the critical need for public health departments to preserve the safety of the entire community, and in particular the safety of those members of our (19659030) Show thumbnails

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