MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION (FILED 10/16/12)

…Compelling Mohelim To Convey the Department’s Opposition to MBP Is Presumptively Invalid Under the First Amendment. [O]ne important manifestation of the principle of free speech is that one who chooses to speak may also decide ‘what not to say… READ MORE

AFFIDAVIT OF DR. DANIEL S. BERMAN, M.D. (FILED 10/16/12)

…In my professional opinion, there are serious flaws in the CDC report’s methodology and analysis, raising doubts about the validity of the data and strength of the conclusions reached by the researchers. Based on my review, the data do not support the conclusion that MBP increases the risk of neonatal Herpes simplex infection…READ MORE

AFFIDAVIT OF RABBI SHMUEL BLUM (FILED 10/16/12)

…I object to being forced to transmit the view of New York City Department of Health and Mental Hygiene… That view is contrary to my religious beliefs, and it would denigrate and undermine those beliefs for me to so advise parents…READ MORE

AFFIDAVIT OF DR. BRENDA BREUER, PH.D., M.PH. (FILED 10/16/12)

…Second, because the Report’s analysis was conducted using surveillance data, rather than on data from a controlled study, more stringent criteria would have been required in order to assert statistical significance. In other words, the researchers applied an improper formula to calculate the boundary points for their confidence interval. Correcting this error alone could eliminate the Report’s finding of a statistically significant association between HSV and MBP…READ MORE

AFFIDAVIT OF RABBI SHLOIME EICHENSTEIN (FILED 10/16/12)

…my motivation in performing the bris milah ceremony is to faithfully comply with the requirments of Jewish law, and to respect and execute the sacred covenant between g-d and the Jewish People. Accordingly, I perform the bris without demanding any payment in exchange…READ MORE

AFFIDAVIT OF RABBI LEVI Y. HEBER (FILED 10/16/12)

…The opinions below are based on my extensive experience as a mohel, and the many discussions and communications with other mohelim that I have had in my capacity as the director of the international Bris Association, including at numerous conferences, training sessions, and seminars…READ MORE

AFFIDAVIT OF RABBI AHARON LEIMAN (FILED 10/16/12)

…I also object to being forced to tell parents that MPB “exposes an infant to the risk of transmission of herpes simplex virus infection.” I am trained to perform the bris milah, including MPB, in a safe manner…READ MORE

AFFIDAVIT OF DR. AWI FEDERGRUEN, D.S.C. (FILED 10/16/12)

…Thus, while the Report estimates the number of male infants who were likely to have had MBP as 20,493, my own analysis based on precise kindergarten enrolment data shows that this number is seriously  underestimated by approximately 50%…. This single correction alone invalidates the conclusion that the incidence rate among the MBP population is significantly larger than in the general NYC… READ MORE

DR. AWI FEDERGRUEN, D.S.C. EXHIBIT 1

DR. AWI FEDERGRUEN, D.S.C. EXHIBIT 2

DECLARATION OF TODD R. GEREMIA (FILED 10/16/12)

DECLARATION OF TODD R. GEREMIA EXHIBIT 1

DECLARATION OF TODD R. GEREMIA EXHIBIT 2

NOTICE OF MOTION (FILED 10/16/12)