Judge Strikes Down New York City Vaccine Mandate

A New York Supreme Court judge on Monday struck down New York City’s vaccine mandate, finding the rule to be unconstitutional, arbitrary and capricious. The Epoch Times has the story.

Attorney Chad LaVeglia, who announced the verdict outside the Richmond County courthouse, said the mandate was now “null and void”.

“So, we just defeated the vaccine mandate for every single city employee – not just sanitation,” LaVeglia said in a video on Twitter account NYCforYourself.

The ruling strikes down the mandate that saw over 2,000 city workers fired for not getting a COVID-19 vaccine. LaVeglia said the ruling extends to all public workers, including the New York Fire Department, the Police Department, and the Department of Corrections.

“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 said.

George Garvey and 15 others who worked at the New York City Department of Sanitation filed the lawsuit on July 20th after they were terminated for failing to comply with the mandate.

Judge Ralph Porzio ruled against the city and found the mandate, which allowed exceptions, to have been an arbitrary and capricious order. He said that Mayor Eric Adams, a Democrat, “made a different decision for similarly situated people based on identical facts” in his Executive Order No. 62.

However, there wasn’t anything 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 carve-out 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,” Porzio said in his ruling (pdf).

He also ordered the city to pay the petitioners backpay. It’s good to see at least some courts standing up for basic rights. Much more of this please.

https://twitter.com/marinamedvin/status/1584930051166208000

Worth reading in full.

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wokeman
wokeman
3 years ago

Too little too late, horse, stable door, bolted spring to mind.

RW
RW
3 years ago
Reply to  wokeman

For COVID, yes. But they’ll try to rerun the show with a slightly different virus within the next 5 – 10 years. And it’ll become important then. Possibly even earlier: I’ve Boots ads marketing this years flu shots with Protect yourself and those around you! The notion that vaccination (or any other kind of medical invention) is not meant to help those its being applied to but protect society at-a-large from filthy, germ-ridden human beings need to be knocked on the head.

stewart
3 years ago
Reply to  RW

Agree with both. But I wonder where these brave people now standing up for rights were one and two years ago. It seems to me that it’s not a coincidence it’s happening when the pressure is off.

YouDontSay
3 years ago
Reply to  RW

The way to protect others against flu remains what it always was, namely to stay home if you’re sick.A Cochrane review of flu vaccines in care workers found no evidence that being unvaccinated made it more likely that you would pass on flu to patients https://www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD005187.pub4/pdf/full

True Spirit of America Party
True Spirit of America Party
3 years ago
Reply to  YouDontSay

Thanks for sharing this. It has been known for a while that Covid jabs are not the only “leaky” jabs out there. Flu jabs are at least as leaky, it seems. Both are, at best, for self-protection only, and not particularly great at that.

VAX FREE IanC
3 years ago

Being a sixty something, I am constantly being ‘badgered’ by my GP to get the flu jab. I have never had flu in my life, (well I have had man flu), my wife has had proper flu 3 times in her life, and I know it can be utterly dibilitating. My father had never had flu either…until that is, he was persuaded to have the flu jab when he was in his late 70’s. Flu really is nasty especially for the elderly. I won’t be having a flu jab!

DomH75
3 years ago
Reply to  VAX FREE IanC

I had the flu vaccine a couple of times in the 2010s. One had a really and reaction on me (I started sweating profusely on the Underground and by the time I got into work, I had to wring out my shirt in the bathroom. I then suffered from tiredness for a couple of years after. Never again.

I haven’t had the clot shot either: in my wider circle of friends of friends and friends of family, the sister of a good friend of ours – in her early 50s – died in agony of blood clots throughout her body a couple of days after her third jab, the previously-healthy 38 year-old sister of a friend’s work colleague dropped dead of a massive heart attack a couple of days after she had the shot and a 19-year-old non-blood relative of the first lady I mentioned was taken so severely ill after her first shot that she was told she must never have another one. As an unvaccinated trainee nurse, she is thus no longer allowed to work in the profession for which she was training.

Mogwai
3 years ago
Reply to  RW

Speaking of the flu vaccine, here’s Dr Malone’s take on it in this mini video. Basically he’s saying that the narrative for people requiring an annual flu shot is totally bogus.

https://rumble.com/v1pi7tw-dr.-robert-malone-says-the-annual-flu-vaccine-program-is-built-on-a-lie.html

True Spirit of America Party
True Spirit of America Party
3 years ago
Reply to  Mogwai

Thank you for sharing this, Mogwai. Once again, Dr. Robert Malone really hits it out of the park. He slaughtered so many sacred cows in less than four minutes. And by extension, what he says applies very *a fortiori* to the Covid jabs as well. Well-done, Dr. Malone.

True Spirit of America Party
True Spirit of America Party
3 years ago
Reply to  Mogwai

And I would bet just about any amount of money that if they replaced the annual flu jab with annual jab of liquid Vitamin D (50,000 to 100,000 units), and/or gave everyone a free bottle of high-potency Vitamin D pills/gels/capsules every September/October, both flu rates and all-cause death rates would plummet. Flu season should really be called “broken immune system season”.

And that applies *a fortiori* to Covid as well.

RW
RW
3 years ago
Reply to  Mogwai

Flu vaccines are sufficiently new that I remember their complete story. It ran roughly like this: In 2004, I was living in Hong Kong. Headlines about a dangerous bird flu pandemic started to appear (with plenty of allusions to the so-called Spanish flu). Then, I read about the horror of horrors (ie, it was presented as such), namely about a dozen people had died of it in Taiwan. This really made me chuckle at that time, thinking something like What? A dozen? Of these densely packed, wiggling masses? Now, that’s a story you can tell people in Europe who have never seen something like this! Shortly afterwards, presumably with the beginning of the new flu year in October, when I was back in Europe, flu vaccines started to be aggressively marketed as the only safe way to cope with the terrible pandemic. Prior to this event, I hadn’t ever heard of them. Which is proof positive that they’re certainly not necessary.

In software engineering, we call this Solution in search of a problem.

🙂

JohnK
3 years ago
Reply to  RW

True, and it’s similar with avian ‘flu – apparently, the fact that vaccines against it do not prevent transmission is one of the reasons that Defra does not allow it’s use in flocks of poultry.

True Spirit of America Party
True Spirit of America Party
3 years ago
Reply to  wokeman

So true. The damage is already done.

Mogwai
3 years ago

Well given the recent admission from that daft Pfizer bint who couldn’t even string a coherent sentence together, coupled with the mammoth amount of data, there can be no denying the fact that this pseudo-vaccine does not stop you getting infected or passing on the dreaded cold, so surely all mandates all over the world should be abolished on that basis alone. And they should never come back! That was, after all, the shockingly flagrant lie that the mandates depended upon.

True Spirit of America Party
True Spirit of America Party
3 years ago
Reply to  Mogwai

That guy is indeed a silly bunt, as Monty Python would say, lol.

wokeman
wokeman
3 years ago

Will Novak Djokovic now get an apology from the Fascist Morrison in Australia?

Mogwai
3 years ago
Reply to  wokeman

And all the people across the world who were sacked for not forgetting they had a functioning brain plus an immune system that worked perfectly well should get apologies from both their employer and the government. But they should also get compensated. Loss of earnings plus interest. And their employers should have it written into employees’ contracts that they will never discriminate against anybody who exercises their fundamental right to bodily autonomy ever again. Anybody who is injured from getting the vax under duress because they were threatened with the sack should take their employer to the cleaners too.

huxleypiggles
3 years ago
Reply to  Mogwai

Hear, hear.

VAX FREE IanC
3 years ago
Reply to  Mogwai

Couldn’t agree more

thumbs-up-nice.gif
JohnK
3 years ago
Reply to  Mogwai

If the worst comes to the worst, they could try suing for damages, rather than falling into the Gov compensation scheme. A successful damages claim could be a lot more lucrative than a maximum of £120K. It could open the door for others as well.

For a fist full of roubles

Does this present an opportunity for a class action against the city authorities?

huxleypiggles
3 years ago

Brilliant and very welcome news.

MikeAustin
3 years ago

Let’s hope this outbreak of sanity is infectious.

Marcus Aurelius knew
3 years ago

Spare a thought for all the poor buggers who got jabbed under duress.

Marcus Aurelius knew
3 years ago

[Judge Ralph Porzio said] “Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”

So… come on, be brave… finish the sentence, Judge. That means IT ISN’T A VACCINE, DOESN’T IT?!

True Spirit of America Party
True Spirit of America Party
3 years ago

BINGO

sam s.j.
sam s.j.
3 years ago

class action suits for all of us , and apologies from family and friends would be nice too.

not holding my breath though about the apologies. but class action suits i think will work !

beornwulf
beornwulf
3 years ago

I would have thought there are legitimate grounds for Biden to be impeached for the blatant lie about these ‘vaccines’ being safe, effective and preventing transmission. The buck stops at the top, dementia or no dementia.

Simon MacPhisto
Simon MacPhisto
3 years ago

Amen, brother.

ebygum
3 years ago

Interesting!?

https://www.thetimes.co.uk/article/britain-will-rejoin-alliance-to-move-troops-across-eu-w80qppxhm

Britain will enter an EU “military mobility” group it left after Brexit so it can move troops and equipment more quickly across the continent, according to the Dutch defence minister.
The military mobility project aims to improve the speed at which troops and kit can be deployed across Europe, especially during times of war. The countries that join do not have to go through the same amount of red tape to cross borders and do not need the same approvals from official authorities.

So, as a tin-foil hatter and arch-sceptic, can I safely assume that steps are in motion that mean troops can easily be moved from other countries and used against the British people if they don’t behave?

ebygum
3 years ago
Reply to  ebygum

Sorry..put in the wrong comment section by mistake…Doh!

Kornea112
Kornea112
3 years ago

These authoritarian covid proponents need to be held accountable. All those coerced and lied to about the virus and the vax and took the Vax only to suffer severe side effects must have recourse to damages. The laws giving liability protection were based on lies and unduly influenced by pharma lobbyists and should be retroactively revoked.