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Children’s Health Defense supported the lawsuit filed by William Ouweleen which challenged the constitutionality of the emergency mask mandate requiring unvaccinated people to wear masks while vaccinated people could go mask-free.
(Children’s Health Defense) – The New York State Department of Health (NYSDOH) on Aug. 27 repealed an emergency mask mandate after a lawsuit was filed Aug. 5 in federal court challenging the regulation.
The lawsuit was brought by William Ouweleen, vintner for the oldest dedicated sacramental winery in America. Ouweleen challenged the constitutionality of the NYSDOH regulation 10 NYCRR 66-3, which required unvaccinated people to wear masks while vaccinated people could go mask-free.
Prior to filing the lawsuit, Ouweleen was twice cited by patrons of the winery for not wearing a mask, and was informed by the local health department he could be fined or closed down, or both, if additional complaints were received.
In the complaint, Ouweleen alleged the regulation violated his constitutional rights and was not justified by science, citing confirmation by the Centers for Disease Control and Prevention that vaccination does not prevent transmission of SARS CoV-2.
In addition to challenging the mandates on equal protection grounds, the suit challenged mask mandates in general.
Attorney Sujata Gibson filed the complaint on behalf of Ouweleen. Children’s Health Defense (CHD) supported the lawsuit.
“There is simply no reason to issue different requirements for vaccinated and unvaccinated New Yorkers” said CHD Chairman and Chief Legal Counsel, Robert F. Kennedy, Jr.
“Public health officials around the world acknowledge that these vaccines are for personal protection only. This mandate wasn’t evidence-based. It was meant to coerce people into taking experimental vaccines and to shame and bully those that exercise their federally guaranteed right to opt-out.”