On Monday, a Supreme Court judge in New York struck down New York City’s vaccine mandate that forced all city workers to take the Covid-19 shot. Judge Porzio gave several reasons for overturning the order calling it unconstitutional and pointing out that the injection has not kept individuals from contracting Covid-19,
“Being vaccinated does not prevent an individual from contracting or transmitting COVID-19. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals.”
Judge Porzio’s ruling made the mandate “Null and Void,” said Attorney Chad Laveglia, saying, “We just defeated the vaccine mandate for every single city employee.” He went on to say,
“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.”
#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
The lawsuit was filed after George Garvey and 15 other New York City employees working at the Department of Sanitation lost their jobs on July 20 for failing to comply with the mandate. Fifteen of the sixteen employees had filed for an exemption and been denied and were recorded after their victory saying they should have bodily autonomy and the freedom to decide what they put in their body. They said they were offered $500 to take the shot, calling it a bribe.
According to Epoch Times, Judge Porzio declared that the mandate was arbitrary and capricious, noting that exceptions were allowed in other situations. He said Democrat Mayor Eric Adams in his Executive Order No. 62,
“Made a different decision for similarly situated people based on identical facts.” He went on to say there was not anything 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,” the judge said in his ruling.
Porzio also said city workers shouldn’t be terminated for choosing “not to protect themselves,” citing that “breakthrough cases occur” for the vaccinated and boosted. He noted President Joe Biden has declared, “the pandemic is over.”
The judge also pointed out that New York ended its COVID-19 state of emergency “over a month ago” and that the first responders named in the lawsuit continued to go to work having “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.”
He continued, “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.”