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BOONE v. BOOZMAN

No. 4:01CV006585 SWW.

217 F.Supp.2d 938 (2002)

Cynthia BOONE, Individually and as Next Friend of Ashley Boone, Plaintiff, v. Fay BOOZMAN, Director of the Arkansas Department of Health, in his Official Capacity; John Doe 1 through John Doe 20, in their Official Capacities as Agents, Servants, Employees or Officials of the State of Arkansas, Department of Health; and Cabot School District, Defendants.

United States District Court, E.D. Arkansas, Western Division.

August 12, 2002.

Attorney(s) appearing for the Case

Gregory T. Karber, Pryor, Robertson & Barry, PLLC, Fort Smith, AR, Robert T. Moxley, Gage & Moxley, Cheyenne, WY, for Plaintiff.

Robert Michael Brech, Arkansas Dept. of Health, Little Rock, AR, for Arkansas Dept. of Health and Fay Boozman.

William Clay Brazil, Brazil, Adlong & Winningham, Conway, AR, for Cabot School District.

MEMORANDUM OPINION AND ORDER

SUSAN WEBBER WRIGHT, Chief Judge.

Section 6-18-702 of the Arkansas Code Annotated requires that children be immunized from certain diseases before they may attend public or private school in the State of Arkansas. In enacting subsection (d) of that statute, the General Assembly conferred a religious exemption from the immunization requirements on individuals for whom "immunization conflicts with the religious tenets and practices...

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