NY Supreme Court Reinstates Unvaccinated Employees With Back Pay

The judge wrote that the vaccine requirement for city employees was not just about safety and public health, but was also about compliance.

Unvaccinated workers would have been put on leave if the vaccine mandate was about safety and public health, according to the judge.

The Health Commissioner would have issued city-wide mandates for vaccinations if it was about safety and public health. The people who showed up to work, at great risk to themselves and their families, shouldn't be punished for showing up.

Attorney Chad LaVeglia told The Daily Signal that yesterday marked a historic victory for the workers. The vaccine mandate was struck down by the court. Thousands of city employees have a voice. They deserve better.

Forcing one segment of the population to bevaccinated during a worldwide outbreak is unconstitutional and arbitrary. The workers fought back. They won. The system of government mandated by the constitution is a historic victory.

A request for comment from the attorney was not immediately responded to. The Department of Sanitation employees were terminated for failing to comply with vaccination requirements after the health commissioner of the City of New York issued a vaccine mandate.

The ruling said that Mayor Adams enacted Executive Order No. 62, which provided blanket exemptions from the vaccine mandate for athletes, performers, and other artists. The judge highlighted the argument that Adams made that the public employee vaccine mandate was unconstitutional.

The judge wrote that the Petitioners all claim to have immunity from previous infections. The private employers' exemption order and the public employee vaccine mandates were not created together.

The mandate is critical to New Yorkers' public health and the city disagrees with the ruling. An appeal has been filed. The mandate is still in place as this ruling only applies to the individual petition. The court's decision conflicts with many other rulings upheld the mandate.

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