The New York Supreme Court on Tuesday ordered New York City to reinstate almost all employees that were fired more than their vaccination status, calling the decision to terminate unvaccinated employees an “ irrelavent and capricious action. ”
The lawsuit was filed for Department of Sanitation employees fired in February 2022 against the City of New York, the New York City Department of Health and Mental Hygiene, the newest York Department of Sanitation, Commissioner of the Department of Health and Mental Hygiene David Chokshi, and New York City Mayor Eric Adams (D) in response to the blanket vaccine mandates .
“ Though vaccination should be encouraged, public employees should not have been terminated for their noncompliance, ” Best Court Justice Ralph Porzio wrote.
🚨 🚨 🚨 🚨 🚨
NY Condition Supreme Court reinstates all fired unvaccinated employees, purchases backpay, says the state broken rights, acted arbitrary & capricious, notes: “ Becoming vaccinated does not prevent a person from contracting or transmitting Covid-19. ” https://t.co/nvOsWfa56S pic. twitter. com/WhH4wje2bQ
— Marina Medvin 🇺 🇸 (@MarinaMedvin) October twenty five, 2022
“ Based upon the Petitioners’ vague denials of their exemptions, the truth they were kept at full duty for several months while their exemptions were impending, the Mayor’s Executive Purchase granting exemptions to certain lessons of people, and the lifting from the private sector mandate, this Court finds the Commissioners Orders of October 20, 2021, and December 13, 2021, as well as the Mayor’s Executive Order No . 62 to become arbitrary and capricious, ” the court ruled.
Additionally , the judgment states that backpay should be issued to the fired workers in both the private and public sector.
The court also found Adams and other NYC agencies offered no scientific basis to get imposing vaccine mandates upon public employees while delivering exemptions for certain private professions.
“ Nothing is in the record to support the rationality of keeping the vaccination mandate for community employees, while vacating the mandate for private field employees or creating a carveout for certain professions, like sports athletes, artists, and performers. ”
“ This really is clearly an arbitrary plus capricious action because we have been dealing with identical unvaccinated people being treated differently with the same administrative agency, ” the court added.
The court furthermore concluded the vaccine mandate was not in the interest associated with public health, but was designed to establish “ compliance, ” citing the vaccine’s lack of ability to “ prevent a person from contracting or transmitting Covid-19” and government’s picky enforcement of the mandates.
“ The vaccination mandate for City workers was not just about safety plus public health; it was regarding compliance, ” the judgment stated. “ If it involved safety and public health, unvaccinated workers would have been placed on leave the moment the order was issued. If it was about safety and public health, the Health Commissioner would have issued city-wide mandates to get vaccination for all residents. ”
Attorney Chad LaVeglia, who symbolized the petitioners in the suit, said the city’s vaccine mandates are now “ null and void. ”
“ We simply defeated the vaccine mandate for every single city employee, ” LaVeglia told reporters, which includes the “ FDNY, NYPD, Department of Corrections, for all the men and women who’ve been our first responders and also have been brave through all of this are now free and should be able to go back to work. ”
#BREAKING Judge Attacks Down NYC Vaccine Require for City Workers. “ It’s null and gap, ” says attorney @ChadLaveglia . “ We just defeated the particular vaccine mandate for every individual city employee. ” pic. twitter. com/PqqjhfNNCq
— NYCforYourself (@nycforyourself) October 24, 2022
New York City has already become a huge hit the ruling.
“ The city strongly disagrees with this ruling as the requirement is firmly grounded within law and is critical to New Yorkers’ public health. We have already filed a good appeal, ” a town spokesperson said in a statement . “ In the meantime, the mandate remains in place as this ruling belongs solely to the individual petitioners in this case. We continue to review the court’s decision, which usually conflicts with numerous some other rulings already upholding the mandate. ”
The ruling marks the resounding vindication for all employees who resisted the out of constitute mandates during the COVID problems and signals a major change against the unconstitutional mandates in general.
This is likely the first of more comparable rulings to come in other parts of the U. S.
Read the judgment:
Truth Social: @WhiteIsTheFury