…The Department advances a barrage of arguments why forcing mohelim to disseminate the Department’s “advice” against MBP is not a compulsion to speak, but one is more outlandish than the next—and none can be squared with Supreme Court precedent. Compelled speech on religious matters is no more permissible than compelled speech on political matters; compelled written speech is just as anathema as compelled verbal speech; compelled speech does not become constitutional simply by virtue of the speaker’s ability to express his personal disagreement; nor does it help if the compelled message is attributed to the government, as being forced to transmit the government’s views is precisely the constitutional defect…. READ MORE
SUPPLEMENTAL AFFIDAVIT OF DR. DANIEL S. BERMAN, M.D. (FILED 11/30/12)
…In contending that MBP causes-and has caused-transmission of HSV-1, these experts rely on seven categories of circumstantial evidence. They do so because no DNA evidence exists linking any case of neonatal HSV to MBP…. READ MORE
SUPPLEMENTAL AFFIDAVIT OF DR. AWl FEDERGRUEN, D.SC (FILED 11/30/12)
…In my initial affidavit in support of the plaintiffs’ motion for a preliminary injunction in this case, dated October 10,2012 (“Federgruen Aff.”), I identified and addressed the statistical deficiencies in the study published by the CDC’s non-peer reviewed Morbidity and Mortality Weekly Report (“MMWR”), which was co-authored by several staff members of the New York City Department of Health and Mental Hygiene (“the Department”), including the current Health Commissioner, Dr. Farley…. READ MORE
DR. AWI FEDERGRUEN, D.S.C. EXHIBIT (FILED 11/30/12)
AFFIDAVIT OF DR. MARVIN SCHICK(FILED 11/30/12)
…I am the author of the study, A Census of Jewish Day Schools in the United States (2009), that the New York City Department of Health, Commissioner Dr. Thomas Farley, and the authors of the study published in the Centers for Disease Control’s Morbidity and Mortality Weekly Report utilized to estimate the number of Hasidic and Yeshiva children in New York City. This estimate was in tum used as a proxy for the number of children in New York City whose circumcision included Metzitzah B’peh (“MBP”). Unless otherwise stated I am fully familiar with the facts and circumstances set forth herein…. READ MORE
AFFIDAVIT OF ROBERT SIMINS(FILED 11/30/12)
…Thus, while Dr. Farley complains that DNA sequencing has not been done “because families have not identified the circumcisers, or the circumcisers have not allowed themselves to be tested” (Farley Decl., 65), the NYS Protocol proves that the community was, and remains, perfectly willing-in fact desires-to undergo such testing, as long as it is done in an unbiased fashion to find the real source, and not just to identify and ban the mohel. The NYS Protocol provided for DNA testing in a spirit of cooperation and with a focus on science, not speculation. It is the DOH that refuses to pursue such testing…. READ MORE
ROBERT SIMINS EXHIBIT 1 (FILED 11/30/12)
ROBERT SIMINS EXHIBIT 2 (FILED 11/30/12)
ROBERT SIMINS EXHIBIT 3 (FILED 11/30/12)
AFFIDAVIT OF ALAN WERZBERGER, M.D. (FILED 11/30/12)
…For whatever reason, Dr. Whitley in his affidavit in this case now claims that a letter I sent to him summarizing the meeting contained “gross mischaracterizations of everything [he had] discussed” with our delegation. He alleges that I “willfully misinterpreted what [he] said in order to serve [my] purposes.” Dr. Whitley says that he had not previously reviewed the letter, which is why he had not earlier rebutted these mischaracterizations…. READ MORE
ALAN WERZBERGER, M.D. EXHIBIT (FILED 11/30/12)
DECLARATION OF DEBORAH ZACHAI (FILED 11/30/12)
…To assist him, my staff and I employed data from the New York State Education Department (NYSED) enrollment figures, provided to us in a spreadsheet by Mr. Ronald L. Barber of NYSED, Office of Information and Reporting Services in Albany. On a copy of the spreadsheet, we indicated to the best of our knowledge, based on our years of experience working with the New York City Jewish schools, which of the yeshivas and/or day schools that enroll kindergarten male students fall in the above categories of Hasidic, Yeshiva, and other community schools. This spreadsheet was attached as Exhibit 1 to Dr. Federgruen’s affidavit in this case….. READ MORE
DECLARATION OF DR. DAVID M. ZUCKER, PH.D (FILED 11/30/12)
…I have carefully reviewed the June 2012 report by the Centers for Disease Control and Prevention in its Morbidity and Mortality Weekly Report entitled “Neonatal Herpes Simplex Virus Infection Following Jewish Ritual Circumcision that Included Direct Orogenital Suction – New York City, 2000-2011” (MMWR Report). I have also carefully reviewed the affidavits of Professor Awi Federgruen and Professor Andrew Gelman, and a draft of the response affidavit of Professor Federgruen. In this affidavit, I present my professional opinion on some of the issues raised in this documents. I will refer to direct orogenital suction using the abbreviation DOS…… READ MORE