NYC Covid Vaccine Mandate falls
Chad LeVaglia reports about a recent decision out of NY regarding former Department of Sanitation employees, who were fired for failure to show proof of COVID vaccination:
It looks like a complete victory for the petitioners (with some amazing legal representation):
ORDERED that a declaratory judgment is granted in that the Commissioner of Health and Mental Hygiene's order dated October 20, 2021, violates the Petitioners' substantive and procedural due process rights pursuant to NY Constitution Article I, §6.
ORDERED that a declaratory judgment is granted in that this Court finds that the Commissioner lacks the power and authority to permanently exclude the Petitioners from their workplace.
ORDERED that this Court finds the Commissioner of Health and Mental Hygiene's order dated October 20, 2021, arbitrary and capricious pursuant to CPLR §7803.
ORDERED that this Court finds the Commissioner of Health and Mental Hygiene's order dated December 13, 2021, arbitrary and capricious pursuant to CPLR § 7803.
ORDERED that this Court finds the Mayor's Executive Order No. 62 arbitrary and capricious pursuant to CPLR §7803.
ORDERED that the Petitioners' claim for breach of contract is denied.
ORDERED that the terminated Petitioners are hereby reinstated to their full employment status, effective October 25, 2022, at 6:00AM.
ORDERED that the Petitioners are entitled to back pay in salary from the date of termination.