A Kentucky student who sued the health department for their decision to temporarily ban unvaccinated students from school and sporting events during a chickenpox outbreak has spoken out after a judge ruled against him on April 2.
Kunkel, who is a senior at the school, said he has not been attending school since March 15, reported the news station.
Kunkel and his lawyer Chris Wiest told Fox 19 they are planning to appeal the judge’s decision, as they believe it was unfair that the burden of proof was on Kunkel instead of the health department.
“I’m definitely devastated by the judge’s ruling. It doesn’t seem logical to me,” the 18-year-old student said.
“What the health department put in play isn’t stopping the spread of chicken pox. We’re still going to church together, we’re still doing everything together. After Sunday masses we normally get together and play a game of pickup basketball with other school kids,” he added.
Wiest said he believes the return-to-school date for unvaccinated students will be pushed back to three weeks from April 2 now because of new cases—a time period, which he says would impact whether Kunkel would be able to graduate in the spring. Kunkel, however, is still completing his school work and tests by dropping off and picking up homework from school and attending teacher’s houses to complete tests.
The school has not commented on whether the temporary ban would affect the students’ graduation, reported the news station.
Moreover, Kunkel said the ban has also affected his chances of being scouted to play basketball in college, as he wasn’t able to participate in the all-star game for his high school.
“My other cousin, who was voted into the all-star, just went down to practice at a college down there because he was scouted at that playoff game ... and I haven’t been able to do that,” Kunkel said.
In response to the court’s ruling, the health department said it was pleased. It said in a statement, “The Court’s ruling ... underscores the critical need for Public Health Departments to preserve the safety of the entire community.”