FILED: ROCKLAND COUNTY CLERK 04/03/2019 09:42 PM INDEX NO.

031784/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/03/2019

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ROCKLAND
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JANE DOE., as the parent and guardian of her minor
unvaccinated daughter, BABY DOE,
AFFIDAVIT OF
PETITIONER
Petitioner,
Index No. __________
-against-

ED DAY (in his official capacity as County Executive)

and the COUNTY OF ROCKLAND,

Respondents.

----------------------------------------------------------------x

I, JANE DOE), being duly deposed and sworn sayeth:

1. I am petitioner in the above caption proceeding. I am the natural parent and guardian of

my minor, unvaccinated daughter, for whom I am filing this lawsuit.

2. The petition is brought by me seeking to obtain relief from Ed Day’s Executive Order

dated March 26, 2019, that has excluded my children from public places in Rockland County,

including their schools, where prior to the Order they had been happily attending pursuant to the

religious exemption I obtained for her under PHL 2164(9) based on my sincerely held religious

beliefs contrary to the practice of vaccinating.

3. The religious exemption was granted to me after submitting to the school a detailed

Statement of Religious Beliefs, I authored with my husband (parent of Baby Doe) setting forth

how our religious beliefs are contrary to vaccinating as required by the state education

regulations. The religious exemption was granted to us in 2014.

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FILED: ROCKLAND COUNTY CLERK 04/03/2019 09:42 PM INDEX NO. 031784/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/03/2019

4. As a result of the Executive Order, my family and I are extremely distressed, and

frightened to think that we are living in the United States, and yet my children who we so dearly

love, who are healthy and happy children, are now being quarantined.

5. My husband and I have sincerely held religious beliefs contrary to the practice of

vaccinating and are entitled to use our religious exemption provided to us under state law. My

beliefs are not frivolous, they are not made up or insincere. Indeed, we our lives in a way that is

in service to God in all that we say and all that we do, this includes not vaccinating.

6. We object to the practice of vaccinating because of religious prohibitions we adhere to

that restrict us from injecting diseases into an otherwise healthy body. We follow the scripture,

and do not deviate from the commands that teach us to keep our bodies, and especially our

children bodies, free from disease found in every vaccine required to attend school in this state.

7. My religious beliefs are indeed sincere, but Mr. Day thinks they are frivolous, and

unimportant and he has stripped me of my First Amendment rights to the religious exemption

and free exercise. Mr. Day is preventing me and my children from freely worshiping anywhere

in Rockland County during the season’s religious celebrations.

8. I would hope that Mr. Day’s action were taken because he believes what he is doing is

correct, and that he is not motivated by political or other reasons inconsistent with his position as

County Executive, but he is dead wrong about his views on unvaccinated children and the

alleged frivolity of my religious exemptions.

9. My civil rights are being violated. I cannot worship publicly with my children. My

children are being denied an education, and I have rights. By enjoining the mandate, the Court

will be permitting me to worship as I see fit, and return my children to school without delay.

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FILED: ROCKLAND COUNTY CLERK 04/03/2019 09:42 PM INDEX NO. 031784/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/03/2019

WHEREFORE, I respectfully request the relief sought in the petition be granted without delay.

_____________________________

Jane Doe, petitioner

Dated: April 3, 2019

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