NYS FOIL - Legality and Safety (Averill Park Central School District)

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Any documents and communications regarding any steps the district took to verify the implementation of the recommendations, guidelines, best practices, procedures, mandates and/or requirements issued by the CDC, or NYS Health Department, or any other regulatory body, did not violate any of the following laws:

New York Constitution Article 1 section 1 - Rights, Privileges and Franchise Secured
New York Constitution Article 1 section 3 - Religious exemptions
New York Constitution Article 1 section 8 - Freedom of speech
New York State Office of the Professions Code 6522 - Practicing medicine without a license
New York Consolidated Law PEN 190.26 2 - Enforcing laws without legal authority to do so.
New York Civil Rights Law Article 4 Section 40 - Equal rights
New York civil rights law article 4 section 40-C - Equal protection
New York Human Rights Law Article 5 Section 2 - Aggrieved by unlawful discriminatory practices.
New York Office of Professions Code 29 b1 (Title 8, part 29) willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession;
New York penal code 135.60 - Coercion
New York penal code 240.20 - Disorderly conduct
New York penal code 120.14 - Menacing in second degree
New York penal code 135.60 - Coercion in third degree
New York penal code 145.15 - Criminal tampering in second degree
New York penal code 240.35 - Loitering
New York Penal code 260.10 - Endangering the welfare of a child
21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies

Any documents and communications regarding any steps the district took to verify the FDA Approved vaccine Comirnaty, was being administered, as advertised, at district funded and/or promoted events.

Any documents and communications regarding any steps the district took to verify the available EUA Vaccine was interchangeable with the unavailable FDA Approved vaccine Comirnaty.

Any documents and communications regarding any steps the district took to verify the legality of mandating the EUA vaccine for 5-11 year olds.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Jackson Parker

I hereby appeal the denial of access regarding my request, which was made on March 16, 2022 and sent to:
Carrie Nyc-Chevrier, Records Access Officer
Averill Park Central School District
146 Gettle Rd, ST1
Averill Park, NY 12018

The records that were denied include:

1. Any documents and communications regarding any steps the district took to verify the implementation of the recommendations, guidelines, best practices, procedures, mandates and/or requirements issued by the CDC, or NYS Health Department, or any other regulatory body, did not violate any of the following laws:
New York Constitution Article 1 section 1 - Rights, Privileges and Franchise Secured
New York Constitution Article 1 section 3 - Religious exemptions
New York Constitution Article 1 section 8 - Freedom of speech
New York State Office of the Professions Code 6522 - Practicing medicine without a license
New York Consolidated Law PEN 190.26 2 - Enforcing laws without legal authority to do so.
New York Civil Rights Law Article 4 Section 40 - Equal rights
New York civil rights law article 4 section 40-C - Equal protection
New York Human Rights Law Article 5 Section 2 - Aggrieved by unlawful discriminatory practices.
New York Office of Professions Code 29 b1 (Title 8, part 29) willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession;
New York penal code 135.60 - Coercion
New York penal code 240.20 - Disorderly conduct
New York penal code 120.14 - Menacing in second degree
New York penal code 135.60 - Coercion in third degree
New York penal code 145.15 - Criminal tampering in second degree
New York penal code 240.35 - Loitering
New York Penal code 260.10 - Endangering the welfare of a child
21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies

2. Any documents and communications regarding any steps the district took to verify the FDA Approved vaccine Comirnaty, was being administered, as advertised, at district funded and/or promoted events.
3. Any documents and communications regarding any steps the district took to verify the available EUA Vaccine was interchangeable with the unavailable FDA Approved vaccine Comirnaty.
4. Any documents and communications regarding any steps the district took to verify the legality of mandating the EUA vaccine for 5-11 year olds.

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal,   please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.

I hereby appeal the denial of access regarding my request, which was rejected on April 29, 2022 and made on February 17, 2022 and sent to:
Carrie Nyc-Chevrier
Assistant Superintendent for Business
146 Gettle Road
Averill Park, NY 12018

The records that were denied include:

Any documents and communications regarding any steps the district took to verify the implementation of the recommendations, guidelines, best practices, procedures, mandates and/or requirements issued by the CDC, or NYS Health Department, or any other regulatory body, did not violate any of the following laws:

New York Constitution Article 1 section 1 - Rights, Privileges and Franchise Secured
New York Constitution Article 1 section 3 - Religious exemptions
New York Constitution Article 1 section 8 - Freedom of speech
New York State Office of the Professions Code 6522 - Practicing medicine without a license
New York Consolidated Law PEN 190.26 2 - Enforcing laws without legal authority to do so.
New York Civil Rights Law Article 4 Section 40 - Equal rights
New York civil rights law article 4 section 40-C - Equal protection
New York Human Rights Law Article 5 Section 2 - Aggrieved by unlawful discriminatory practices.
New York Office of Professions Code 29 b1 (Title 8, part 29) willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession;
New York penal code 135.60 - Coercion
New York penal code 240.20 - Disorderly conduct
New York penal code 120.14 - Menacing in second degree
New York penal code 135.60 - Coercion in third degree
New York penal code 145.15 - Criminal tampering in second degree
New York penal code 240.35 - Loitering
New York Penal code 260.10 - Endangering the welfare of a child
21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies

Any documents and communications regarding any steps the district took to verify the FDA Approved vaccine Comirnaty, was being administered, as advertised, at district funded and/or promoted events.

Any documents and communications regarding any steps the district took to verify the available EUA Vaccine was interchangeable with the unavailable FDA Approved vaccine Comirnaty.

Any documents and communications regarding any steps the district took to verify the legality of mandating the EUA vaccine for 5-11 year olds.

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.