DEPEW, N.Y. (WKBW) — It's been about four months since Depew High School Senior Kayci Rae was removed from the school over a vaccine booster. Her family has since sued the school district, but a judge has ruled against them.
On February 13, Judge Peter Allen Weinmann ruled that the "public health risk" of a potential transmission outweighs Kayci's individual right to attend her senior year, according to her attorney.
"We're deeply disappointed in this decision," said Chad Davenport, the lawyer representing Kayci.
WATCH: Judge denies Depew students' request to return to school after being removed over vaccine booster
Since my last report, Kayci has been able to attend events, like Senior Night. She just can't walk those same halls during the school day.
"From 7:30 to 2:15, she is a public health threat and can't go to school," said Davenport.
But once she turns 18, this vaccine rule does not apply, which the judge notes in his decision.
"Simply put, delaying completion of the senior year in high school, or replacing the final school year in a non-social setting such as home schooling, does not rise to the level of immediate and irreparable injury, loss or damage," Hon. Weinmann writes.
Davenport submitted CDC guidance and studies to argue that she should return to finish her senior year, but the judge called them cherry-picked and cited other articles when denying their request.
Davenport also notes that Kayci is otherwise fully vaccinated and is not pushing back against vaccines, but is trying to avoid another bad reaction.
"We'll keep fighting for her," said Davenport. "We're likely going to file a Motion for Reconsideration to ask the Judge to correct this before we look at an appeal."
The district has not yet responded to my request for comment, but has previously said school districts are required to prohibit unvaccinated students from attending public school.
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