Court Orders REINSTATEMENT- Surprise Turnaround!

Court Orders Reinstatement of Those Fired Over Mandates

Court Orders Reinstatement of Those Fired Over Mandates

(TargetLiberty.org) – New York City was one of the Democratic-run cities that implemented vaccine mandates for workers. In 2021, then-Mayor Bill de Blasio made it clear if workers refused to get the COVID-19 vaccine, they would lose their jobs. Employees argued their rights were being violated. Nonetheless, 16 Staten Island sanitation workers were among those terminated for not submitting to the medical procedure.

The sanitation workers sued the city, and now a judge has ruled in their favor.

Judge Issues Ruling

On October 25, state Supreme Court Justice Ralph Porzio ruled the sanitation workers should not have been fired. The judge took issue with the fact some people were exempt from the mandate. Although it went into effect in December 2021, Mayor Eric Adams (D) amended it to exempt athletes and performers in March. Prior to that, the mandate had prevented Brooklyn Nets player Kyrie Irving from participating in home games, stirring up criticism. It also would have prevented some of the New York Yankees players from performing at home games. So, two weeks before baseball’s Opening Day, the city made the change.

In his ruling, Porzio stated if the COVID-19 mandate was truly “about safety and public health, no one would be exempt.” Further, he said though the health commissioner could issue public health mandates, he did not have the authority to create a “new condition of employment” for city workers. The commissioner also does not have the power to fire employees or prevent them from doing their jobs.

Porzio also stated the Board of Health doesn’t “have the authority to unilaterally and indefinitely change the terms of employment for any agency,” even though he acknowledges it can regulate vaccines.

The judge repeatedly mentions the officials in question did have the power to impose a temporary emergency order, which included the temporary vaccine mandate. However, Porzio states keeping the order in place “on only a portion of the populace for an indefinite period of time, is akin to legislating.”

Ultimately, the judge determined not only does the city need to reinstate the sanitation workers, but it also owes them back pay from the point where they were fired in February 2022.

City to Appeal

The New York Supreme Court is a trial court, which means the city can appeal its ruling to the appellate courts. The city is expected to do just that. A spokesperson for the New York City Law Department issued a statement to The Washington Post, saying the city “strongly disagrees with this ruling” because it believes the mandate was based on public health law.

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