Attorney Michael Sussman says Rockland County Executive Ed Day is in contempt of court over the measles -  and who can and can't go to school.

“There is no authority of the county executive or health commissioner to generally bar people who are not vaccinated - children, students- from places of public assembly, from schools."

Sussman, who won a lawsuit against the county’s state of emergency order just last week, says now that a judge struck down Day's emergency order, all unvaccinated students can return to school.

The county says the judge's hold on its emergency order doesn't apply to an order issued earlier by the county health commissioner in December, mandating unvaccinated students stay home unless their school has a 95% or higher vaccination rate.

County Attorney Tom Humbach says the judge's order does not affect the commissioner's other orders.

According to Humbach, the only unvaccinated students who can return to schools with low vaccination rates are those who go to Green Meadow Waldorf School in Chestnut Ridge. That's because those parents sued the county and won, with Sussman as their attorney.

Humbach says the county even wrote the judge earlier this week, asking for clarification on whether the judge's hold on its emergency order affects previous orders to keep unvaccinated students home.

“We notified the court that we were being threatened with contempt. We wanted to be protected in the event that we interpreted the order in the fashion we saw it,” says Humbach.

According to the Health Department, 20 county schools still don't meet the vaccination requirement for students to return.