Backpay must also be issued to every single employee who was wrongfully fired for not taking the experimental Covid injection.
By Jamie White
The New York Supreme Court on Tuesday ordered New York City to reinstate all employees that were fired over their vaccination status, calling the decision to terminate unvaccinated employees an “arbitrary and capricious action.”
The lawsuit was filed on behalf of 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 New 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,” Supreme Court Justice Ralph Porzio wrote.
🚨🚨🚨🚨🚨— Marina Medvin 🇺🇸 (@MarinaMedvin) October 25, 2022
NY State Supreme Court reinstates all fired unvaccinated employees, orders backpay, says the state violated rights, acted arbitrary & capricious, notes:“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”https://t.co/nvOsWfa56S pic.twitter.com/WhH4wje2bQ
“Based upon the Petitioners’ vague denials of their exemptions, the fact they were kept at full duty for several months while their exemptions were pending, the Mayor’s Executive Order granting exemptions to certain classes of people, and the lifting of 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 be arbitrary and capricious,” the court ruled.
Additionally, the ruling states that backpay must be issued to the fired employees in both the private and public sector.
The court also found Adams and other NYC agencies presented no scientific basis for imposing vaccine mandates on public employees while providing exemptions for certain private professions.
“There is nothing in the record to support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions, like athletes, artists, and performers.”
“This is clearly an arbitrary and capricious action because we are dealing with identical unvaccinated people being treated differently by the same administrative agency,” the court added.
The court also concluded the vaccine mandate was not in the interest of public health, but was meant to establish “compliance,” citing the vaccine’s inability to “prevent an individual from contracting or transmitting Covid-19” and government’s selective enforcement of the mandates.
“The vaccination mandate for City employees was not just about safety and public health; it was about compliance,” the ruling stated. “If it was about 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 for vaccination for all residents.”
Attorney Chad LaVeglia, who represented the petitioners in the lawsuit, said the city’s vaccine mandates are now “null and void.”
“We just 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 have been brave through all this are now free and should be able to go back to work.”
#BREAKING Judge Strikes Down NYC Vaccine Mandate for City Workers. “It’s null and void,” says attorney @ChadLaveglia. “We just defeated the vaccine mandate for every single city employee.” pic.twitter.com/PqqjhfNNCq— NYCforYourself (@nycforyourself) October 24, 2022
New York City has already appealed the ruling, claiming the mandate will “remain in place” in the meantime.
“The city strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers’ public health. We have already filed an appeal,” a city spokesperson said in a statement. “In the meantime, the mandate remains in place as this ruling pertains solely to the individual petitioners in this case. We continue to review the court’s decision, which conflicts with numerous other rulings already upholding the mandate.”
The ruling marks a resounding vindication for all workers who resisted the unconstitutional mandates during the COVID crisis and signals a major shift against the unconstitutional mandates in general.
This is likely the first of more similar rulings to come in other parts of the U.S.
Read the ruling: