We believe a lifestyle that is in accordance with the Laws of God creates healthy bodies and healthy minds.

We believe that this special energy, directed by God, has constructed our cells, our tissues, and our organs with infinite intelligence and these interconnected systems function in perfect harmony when we follow nature's laws which are the Laws of God.

We believe that God has endowed us with the energy of life. Our beliefs are partly based on Torah and what we believe that God commands of us. As alleged in paragraph 17 of the Complaint, the July 29 letter described plaintiffs' religious beliefs as follows: While we feel we are members of the Jewish Faith and we believe in God, we adhere to certain personal and sacred religious beliefs. Plaintiffs responded to Perricone's request by summarizing their purported religious beliefs in a letter dated July 29, 1993. In particular, Perricone asked plaintiffs to identify the religion to which they claimed to belong and the tenets of that religion that would be violated by permitting immunization. Perricone ('Perricone'), sought information from plaintiffs to determine whether the requirements for exemption were satisfied. Д«y letters dated Apand July 22, 1993, defendant, through Assistant Superintendent Michael S. This section requires that all children be immunized against certain communicable diseases before they enter school, see N.Y.Pub.Health Law В§ 2164(2) and (7), but *653 provides an exemption to those persons who oppose immunization on religious grounds, see N.Y.Pub.Health Law В§ 2164(9). The facts as alleged in the complaint, and as adduced at the hearing, are summarized as follows: In or before April 1993, Kathryn and David Berg sought to enroll their five year old twin daughters, Emily and Sasha, in the Glen Cove City School District, and requested exemption from the immunization requirement of New York Public Health Law В§ 2164. For the reasons below, plaintiffs' request for a preliminary injunction is granted. At the close of the hearing, this Court reserved decision pending receipt of medical and dental records for plaintiffs, and, upon the consent of the parties, directed that the TRO remain in effect pending the decision on the request for a preliminary injunction. At the December 2 hearing, this Court heard testimony from Kathryn and David Berg, on behalf of plaintiffs, and Rabbi Howard Jachter, on behalf of defendant. This Court issued a temporary restraining order (the 'TRO') the same day, and scheduled a hearing on plaintiffs' request for a preliminary injunction for December 2, 1993. Plaintiffs commenced this action on November 9, 1993, by filing their complaint with an order to show cause seeking a temporary restraining order and a preliminary injunction. Plaintiffs contend that the immunizations required by В§ 2164 are contrary to their genuine and sincere religious beliefs and that they are entitled to the benefit of the exemption set forth in В§ 2164(9). В§ 1983, by refusing to grant plaintiffs an exception to the immunization requirements of New York Public Health Law В§ 2164, and prohibiting the infant plaintiffs from attending school in the Glen Cove City School District unless plaintiffs have their children immunized. Plaintiffs Kathryn and David Berg, individually and as guardians for their minor children, Emily and Sasha Berg, commenced this action against defendant Glen Cove City School District alleging that defendant violated plaintiffs' constitutionally protected rights of freedom of religion and equal protection of the law under the First and Fourteenth Amendments to the United States Constitution, and under 42 U.S.C. GLEN COVE CITY SCHOOL DISTRICT, Defendant. Kathryn BERG and Daniel Berg, etc., et al., Plaintiffs,

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