Anti-vax teen that fought ban amid chickenpox outbreak loses in court—again

Child with chickenpox rash on her back held by her mother. (credit: Getty | Photofusion)

Judges in Kentucky have handed down another legal defeat to the unvaccinated teenager who sued his local health department for banning him from school and extracurricular activities amid a chickenpox outbreak earlier this year.

The Kentucky Court of Appeals on Friday quietly sided with the health department, saying that it was acting well within its powers to protect public health. The appeals court quoted an earlier ruling by the US Supreme Court saying that "Of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members."

The Northern Kentucky Health Department declared the latest court decision a "resounding victory for public health in Kentucky," in a statement.

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