A New York Supreme Court judge on Monday struck down NYC’s vaccine mandate for all city workers, finding that the rule was unconstitutional, arbitrary, and capricious.
“So, we just defeated the vaccine mandate for every single city employee—not just sanitation,” said Attorney Chad LaVeglia, who announced the verdict outside the Richmond County courthouse, adding that the mandate was now “null and void.”
#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
“For all the brave men and women who have been our first responders and have been brave through all this are now free, and you should be able to go back to work,” he added.
The ruling comes after more than 2,000 city employees were fired for refusing to take the Covid-19 vaccine. It applies to all public workers, including the NY Fire Department, the police department and the Department of Corrections.
The lawsuit in question was filed on July 20 by 16 city employees who were fired for failing to comply with the mandate. It was struck down by Justice Ralph Porzio, who ruled against the city in finding that the mandate – which did allow exceptions, was an arbitrary and capricious order, and that Democrat Mayor Eric Adams “made a different decision for similarly situated people based on identical facts,” when he issued Executive Order No. 62.
According to Porzio, there was nothing on 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,” he added.
As The Epoch Times continues, in his ruling, Porzio said city workers shouldn’t be terminated for choosing “not to protect themselves” with a vaccine, noting that “breakthrough cases occur” even for those who are vaccinated and boosted. He also noted that President Joe Biden has declared “the pandemic is over.”
The judge noted that New York ended its COVID-19 state of emergency “over a month ago.” He also noted that the first responders named in the lawsuit continued to work without protective gear, and had “created natural immunity” after catching COVID-19.
“They were terminated and are willing to come back to work for the City that cast them aside. The vaccination mandate for City employees was not just about safety and public health; it was about compliance. 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. In a City with a nearly 80 percent vaccination rate, we shouldn’t be penalizing the people who showed up to work, at great risk to themselves and their families, while we were locked down.
“If it was about safety and public health, no one would be exempt. It is time for the City of New York to do what is right and what is just,” Porzio said in his ruling.
Finally, and most importantly, the court ordered the city to reinstate all fired employees and grant them backpay, citing the fact that being vaccinated against COVID-19 does not stop an individual from catching or spreading the virus, and thus being vaccinated does not grant enough community-wide benefit to warrant a mandate. The health commissioner “acted beyond his authority” by issuing an indefinite vaccine mandate rather than a temporary one, according to the court.
Will this set a precedent nationwide?
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This leaves the door open for millions of dollars in legal suits for civil rights violations. I predicted this 2 years ago when it all began. Attorneys nationwide are going to be salivating……
billions of bucks.
Still not enough for the horrible damage done by the tyrants. It is in fact the political operatives who implemented the draconian measures who need to pay.
Bill De Blasio is a fucking demonic tyrant of the highest order and thankfully Eric Adams got stuck holding the big bag of toxic excrement. They are the enemies of New Yorkers, Americans and humans everywhere.
If you said that about DeBlasio on ZeroHedge, you would be banned.
Thanks for the tip, Joe.
you are right as Tylers’ place is not an unrestricted speech zone as is TBP. The comments remain, however, incisive, snappy and entertaining. Great even with the diacritical marks and other innovations to simply avoid using unpleasant language.
When the criminally psychotic rules of the Pestilence were instituted in New York City, it was the terrible deBlasio who effected medical martial law, legal martial law*, needle rape, as here in the vaxx story.
Everyone was effected with the totalitarian regulations and diktats (just like around most of the entire damned world.) from school children to the city workers as in the piece.
…
Agreed, but I will never miss a chance to take a swipe at ZH…the cowards that they are… “Fight Club” and all that….
They never asked the audience to help them like TBP did, and even started paywalling some of their content, and that makes me happy to donate to TBP.
“Sort of”stomping on Free Speech is not the same as “help or there will not be” Free Speech. ZH needs to feel pain for that and from more than just me.
I still view the comments there, but am only free to comment on their stuff here, thus the jabs at them cocksuckers.
I gave them 4 chances and they censored me every time.
Same here – three times – after an aggregate of 50K+ upvotes, at least. So disgusted. If Tylers are such market wizards, why Google censor us for a few bucks from those NWO scumbags?
I earned myself a lifetime ban from commenting on Zero Hedge. They in turn earned a lifetime ban on me supporting them. I would say they got the worst of the deal…..
Those that aren’t already chasing the ambulance leaving Camp Lejeune.
ha ha ha …the very people fired and then rehired have to pay their own restitution, via moar taxation, because government doesn’t produce anything of value.
yep, it’s a lose, lose situation for the peons.
Everybody in the country will be paying,if you pay taxes that is, because those jigs running New York have nothing in the treasury, open the safe and a bunch of moths would fly out.
The mandate was struck down not because of good will but because the thugs wanted their slaves back.
Let me interpret this legal decision for the non-attorneys in the audience:
Mayor and Health Commissioner, you both fucked up. Now fix it.
To all those city workers that took the vaccine: SUCKERS
Huh. Go figure. There must be an election coming up.
Most folks see the terminology ‘Supreme Court’ in this case … not knowing that in NY State the Supreme Court is the lowest level court — i.e., the trial court. There are 2 levels of appellate courts above it within NY State — plus, of course, the entire Federal judiciary.
My guess is that this will be appealed by the City …
yup. Staten Island, no less.
https://nycourts.gov/courts/cts-NYC-Supreme.shtml
Were you or a loved one terminated for refusing the jab in New York City? You may be entitled to significant compensation…
Please call Dewey, Cheatem and Howe for your no obligation consultation.
The Cloward Piven / Saul Alinsky / Obama strategy to destroy the country. Full on NOW. A primer.
https://cei.org/opeds_articles/study-saul-alinsky-to-understand-barack-obama/
Alinsky reviewed at some length.
Alinsky lays out to take the country down.
You may recall that alinsky was the ‘hero’ of both b h o and h r c … and it showed in everything they’ve stood for over many years …
All POTUS Trump needs to do is say “I am sorry, I was wrong, I was misled greatly on the lockdowns and vaccine”; just this will begin the compassion and healing this nation and world needs; I wait!
https://palexander.substack.com/p/all-potus-trump-needs-to-do-is-say
Top comment:
Birx’s book makes it clear that he was surrounded by experts, like herself and Fauci, who outright lied to him. She seems quite proud of herself, the evil witch.
BOOM!! Megyn Kelly goes RAMBO on CDC for moving to place COVID vaccine on immunization schedule; big praise, Megyn has come full circle & cuts against the grain, will be rewarded! girls at risk!
https://palexander.substack.com/p/boom-megyn-kelly-goes-rambo-on-cdc
‘Nineteen (19) Quebec doctors call for ‘complete and immediate’ ban on COVID jabs for kids’; demand: A complete and immediate ban on the vaccination of children in Quebec against COVID-19 is necessary
https://palexander.substack.com/p/nineteen-19-quebec-doctors-call-for
NIH & MADMEN scientists supporting planned MONKEYPOX research in Bethesda Maryland swapping genes between 2 strains of monkeypox to make it more deadly; WHY? Thomas Inglesby of Johns Hopkins worried! https://palexander.substack.com/p/nih-and-madmen-scientists-supporting
COVID-19 Vaccines Have Caused 84% of All Deaths Recorded in VAERS for the Past 32 Years – Pfizer #1 in Vaccine Deaths, Even Before COVID; note, VAERS captures at most 10%, so vax deaths may be 350,000
https://palexander.substack.com/p/covid-19-vaccines-have-caused-84
They fully intend planet-wide depopulation.
The Big Farma fix for the Monkeypox is going to be a very large suppository to, you know, increase uptake, as it were , in the most effected demographics and at-risk communities.
And who will protect the children (and pets) of these butt weasels?
As some have pointed out, once it was discovered that the ‘children’ of these gay men were found to have the butt-pox, then the whole thing was abandoned by the media … and there was even one or 2 reports of the dogs they owned having somehow gotten the pox … never explained, of course …
Putting their best into Bestiality.
DeBlasio and Adams should be set ablaze in Times Square so NYC citizens can all come out and enjoy.
Autos-da-fe?
It could catch on.
catch fire, you mean
https://www.naturalnews.com/2022-10-21-lethal-injections-cattle-die-mrna-vaccination.html
This is a good first step.
NYC always elects the most pathetic people. Deblasio, Adams, AOC ect. Most of NY state is NOT liberal, it’s just NYC and a few uppity suburbs. Unfortunately with 8 million people NYC controls the vote. NY state should secede from the city.
Good + interest and a not insignificant Ex gratia payment for the personal stress and mental aggravation.
They would now win bigly hahahaha!