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---
title: NYC Requiring Some People to Get Vaccinated. Is That Legal — And Ethical?
description: New York City is requiring some Brooklyn residents to get vaccinated against the measles. Is mandatory vaccination legal and ethical?
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author: Jamie Ducharme
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article:published_time: 2019-04-10T19:55:46.000Z
article:modified_time: 2026-08-04T07:52:51.437Z
article:section: Health
og:title: New York City Is Requiring Some Residents to Get Vaccinated Against the Measles. Is That Legal — And Ethical?
og:description: New York City is requiring some Brooklyn residents to get vaccinated against the measles. Is mandatory vaccination legal and ethical?
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twitter:title: New York City Is Requiring Some Residents to Get Vaccinated Against the Measles. Is That Legal — And Ethical?
twitter:description: New York City is requiring some Brooklyn residents to get vaccinated against the measles. Is mandatory vaccination legal and ethical?
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![](https://static.time.com/v3/assets/bltea6093859af6183b/bltcb2ba397d2e7340d/6989480909208f98e9413a00/measles-vaccine.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9)


# New York City Is Requiring Some Residents to Get Vaccinated Against Measles. Is That Legal — And Ethical?

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## Video: TIME Ideas: Why You Should Absolutely Get Vaccinated

[Watch (HLS stream): TIME Ideas: Why You Should Absolutely Get Vaccinated](https://cdn.jwplayer.com/manifests/1ekKbynQ.m3u8) (2:52)

![TIME Ideas: Why You Should Absolutely Get Vaccinated](https://cdn.jwplayer.com/v2/media/1ekKbynQ/poster.jpg?width=720)

_Published 2019-02-15. TIME Ideas: Why You Should Absolutely Get Vaccinated_


![Jamie Ducharme](https://static.time.com/v3/assets/bltea6093859af6183b/bltee90d03f171c21c6/698a0b45db2987baea2650e7/200115_Time_Headshots_Day451258.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Jamie Ducharme](https://time.com/author/jamie-ducharme/)


![Jamie Ducharme](https://static.time.com/v3/assets/bltea6093859af6183b/bltee90d03f171c21c6/698a0b45db2987baea2650e7/200115_Time_Headshots_Day451258.jpg?branch=production&width=96&quality=75&auto=webp)

## Jamie Ducharme


Ducharme is a contributor to TIME.

Apr 10, 2019 7:55 PM UTC

![US-HEALTH-RELIGION-VACCINES-MEASLES](https://static.time.com/v3/assets/bltea6093859af6183b/bltcb2ba397d2e7340d/6989480909208f98e9413a00/measles-vaccine.jpg?branch=production&width=1200&quality=75&auto=webp&crop=3:2)

A nurse prepares the measles, mumps and rubella vaccine at the Rockland County Health Department on April 5, 2019.

A nurse prepares the measles, mumps and rubella vaccine at the Rockland County Health Department on April 5, 2019. JOHANNES EISELE—AFP/Getty Images

![Jamie Ducharme](https://static.time.com/v3/assets/bltea6093859af6183b/bltee90d03f171c21c6/698a0b45db2987baea2650e7/200115_Time_Headshots_Day451258.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Jamie Ducharme](https://time.com/author/jamie-ducharme/)


![Jamie Ducharme](https://static.time.com/v3/assets/bltea6093859af6183b/bltee90d03f171c21c6/698a0b45db2987baea2650e7/200115_Time_Headshots_Day451258.jpg?branch=production&width=96&quality=75&auto=webp)

## Jamie Ducharme


Ducharme is a contributor to TIME.

Apr 10, 2019 7:55 PM UTC

New York City officials on Tuesday took the [unusual and dramatic step](http://time.com/5566699/new-york-city-measles-emergency/) of requiring some Brooklyn residents to get vaccinated against measles, as an outbreak there continues to worsen. The controversial policy was announced just days after a New York judge [halted an order](http://time.com/5558943/rockland-county-measles-emergency/) in nearby Rockland County, which had previously banned all unvaccinated children from visiting public places.

Under New York City’s policy, people in four Brooklyn zip codes who resist vaccination could face fines of up to $1,000, but it’s not clear whether they could actually be compelled to get vaccinated if they continue to refuse. Health Commissioner Dr. Oxiris Barbot said those who refuse vaccination would be dealt with on a “case-by-case basis.”

These increasingly drastic actions have raised questions about how far local authorities can go to stop outbreaks — and whether it’s ethical, or even legal, to compel people to get vaccinated.

Ethically, there’s nothing wrong with requiring vaccination during times of public-health danger, says Arthur Caplan, head of the division of medical ethics at the New York University School of Medicine and director of its Vaccine Ethics Project. “If it’s spreading rapidly and you have reason to believe there are a lot unvaccinated people around, you’re justified,” Caplan says. “You can fine them, you can restrict liberty, you can quarantine.”


You cannot, however, physically force someone to get a shot they don’t want, Caplan says — ethically, you can only threaten legal, financial or similar other consequences if they do not comply.

Physically forcing vaccines is “basically administering a medical intervention that someone is saying they do not want, and that’s got a lot of law behind it saying you can’t do that,” Caplan says. “Literally forcing vaccination on someone, I can’t imagine doctors who would do it.”

Health experts widely support near-universal vaccination — with a few exceptions for young babies and people with certain medical conditions or allergies — since it’s necessary for producing levels of immunity high enough to stop disease transmission within a community. Measles, a highly contagious virus that can be prevented with vaccination, was declared eliminated from the U.S. in 2000, but pockets of vaccine skepticism have allowed it to take hold again in certain communities. The outbreaks in New York City, where 285 people have gotten sick, and Rockland County, where 173 people have gotten sick, have both involved the Orthodox Jewish community.


Caplan says those outbreaks constitute public-health crises worthy of vaccine regulations. And he says he doubts such regulations would set a precedent that could be applied to less-pressing issues.

“Do I worry about a slippery slope? No,” he says. “This country is so sensitive to personal liberty that there will be no slippery slope.” Already, Caplan says, he’s heard from anti-vaccine advocates who are planning to challenge New York City’s policy, though he says the order should stand.

John Jacobi, a professor of health law and policy at Seton Hall Law School, says that remains to be seen.

[A 1905 Supreme Court ruling](https://supreme.justia.com/cases/federal/us/197/11/) gave states the authority to enforce mandatory vaccination when public health demands it, and that decision holds today, Jacobi says. Mandatory vaccination is rarely used, but during a 1991 measles outbreak in Philadelphia, [city officials ordered the vaccination](https://www.npr.org/sections/health-shots/2015/02/19/386040745/why-a-court-once-ordered-kids-vaccinated-against-their-parents-will) of children from families that belonged to two fundamentalist churches that relied on faith-based healing over traditional medical care.


The legal picture gets more complicated when considering state and local laws, Jacobi says.

All 50 states require children to get certain vaccines before attending school, but the majority — including New York — currently allow parents to opt out of that standard for religious, personal or philosophical reasons. These state exemptions have been partially blamed for some of the measles outbreaks happening across the country, in areas including the [Pacific Northwest](http://time.com/5524505/measles-washington-vaccination/). Recent past Food and Drug Administration Commissioner Dr. Scott Gottlieb even [hinted at the idea](http://time.com/5534592/fda-commissioner-federal-government-vaccine-policies/) of someday instituting federal vaccine policies, if lax state laws continue to allow outbreaks.

But if people faced with unwanted mandatory vaccination claimed a religious exemption, the question becomes whether a city official has the power to override a state statute, Jacobi says. A court would likely decide that a city health commissioner has that kind of authority, Jacobi says, but “it depends on what the facts show.”


“The 1905 Supreme Court got it right when it said that public health officials should be respected in their judgments, but since that time, we have also seen the importance of allowing individuals to challenge executive branch officials’ judgments,” Jacobi says. “It’s a significant intrusion into the lives of parents and children, and yet, there is apparently a significant threat to public health. It’s a clash of very, very important risks.”

Few regulatory actions have matched the intensity of those in New York, but public health officials across the country are encouraging vaccination and working to curb outbreaks like those in New Jersey, Washington, California and Michigan, as well as New York. All told, the Centers for Disease Control and Prevention (CDC) has confirmed 465 cases of measles in 19 states this year, the [second-most diagnoses since measles](http://time.com/5566055/2019-measles-case-count/) was eliminated nearly two decades ago.


## Transcript

I'm Jeffrey Kluger, editor at large, for TIME magazine and I'm here to argue the hard truth that vaccines are safe, effective, and save lives, full stop. [ MUSIC ] There are people who disagree with those facts, who believe that vaccines are unsafe. Unnecessary and that their dangers are being covered up by a conspiracy of silence between the pharmaceutical industry and the government. Non of these, not a syllable of it is true, here is why. First of all, it bears repeating. Vaccines do not cause autism. They never have, they never will. That initial misconception was traced to a fraudulent 1998 study by British doctor Andrew Wakefield.

The study as later retracted and Wakefield was stripped of his license to practice medicine in the UK. It is true that autism rates have risen in recent decades, but that's not because more children are developing the condition It's simply because we're diagnosing it better, more sensitively and more liberally. vaccines like all drugs have potential side effects. And as with all drugs, nobody is hiding those side effects. The centers for disease control lists all possible side effects of all possible vaccines readily on it's web site. Most of those side effects are minor. The few that aren't are so rare that it's not even possible to link them conclusively to the vaccines.

One other thing no one's hiding are the ingredients in vaccines. All of the package inserts for all vaccines are also readily available online. If you read the packaging search you will see that yes vaccines are stuffed with chemicals. All medications are stuffed with chemicals all foods are made of chemicals. You and I are made of chemicals. Chemicals are essential for life. They do not have to be bad. If generations of medical history have taught us anything, it's that vaccinating children does not lead to illness and death. It's not vaccinating children that does that. Parents who opt out of vaccines do it out of love.

Do it because they think that's the best way to protect their children. But that protection comes from vaccinating, not from opting out of vaccines. [ MUSIC ]

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