10/25/22
The NY Post reported today, “New York City’s controversial COVID-19 vaccine mandate for municipal workers was enacted illegally and employees who were fired for refusing to comply must be immediately reinstated with back pay, a state judge has ruled.
“It is time for the City of New York to do what is right and what is just,” Staten Island Supreme Court Justice Ralph Porzio wrote in a decision made public Tuesday. More than 1,750 city workers were fired for refusing to get vaccinated, including 36 members of the NYPD and more than 950 Department of Education employees”.
The judgement filed on 10/24/22 states:
- “Respondents’ Vaccine Mandate lacked legal authority and was unlawfully applied to Applicant and other similarly situated New York City Police Department (“NYPD”) members of service (“MOS”) as well as municipal employees of the City of New York.
- Neither the Mayor of the City of New York or the New York City Health Commissioner have the lawful authority to adversely impact Applicants’ employment status in order to enforce the Vaccine Mandate. Federal District Courts improperly ruled that compliance with the Vaccine Mandate is a new condition of employment for the Applicant and other similarly situated municipal employees. This was an abuse of discretion”.
- Additionally, given the recent arbitrary variations in the application and enforcement of the various COVID-19 Mandates, it is clear the Applicant and other municipal employees are a small population of New York City residents upon whom the Vaccine Mandate is being imposed in an arbitrary and capricious fashion. Based upon all the current laws and facts the Applicant’s Emergency Application for a Writ of Injunction should be granted”.
Access the Complete Court Filing here
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