Manhattan Court Blocks Public Vaxx Mandate Bringing Hope For Other Legal Challenges
Darian Douraghy
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A mandate by New York forcing all city employees to be inoculated against COVID-19 has been temporarily blocked by a Manhattan court.
The stay was issued by Judge Frank P. Nervo against the October 20 order mandating all municipal employees to receive the jab, including NYPD, FDNY, EMS and other first responders, and educators such as public school teachers.
The Jewish Press reported that there has been major backlash from the Jewish community following the private-sector mandate, which also affects yeshivas, synagogues, and other Jewish nonprofit organizations.
“The business world is not in the hands of government to decide who to hire, and not to hire,” Duvi Honig, CEO of the Orthodox Jewish Chamber of Commerce pointed out. “Business is all about free trade, freedom of choice. The biggest concern is where is this going next?”
“The Mayor does not have the legal authority to issue any such mandates,” New York City Council member Kalman Yeger (Brooklyn District 44) posted. “I don’t know why he thinks this is a good use of his last three weeks in office, but it really isn’t.
“This will just lead to another court battle on religious freedom which New York will – once again – lose,” Yeger wrote in a second post.
A provision of that mandate, which Big League Politics covered earlier this week, was to force children ages 5 to 11 to show proof of one Covid-19 shot by December 14 in order to engage in nearly every facet of consumer business, including indoor dining, fitness, entertainment, and performance venues. New York City Mayor Bill de Blasio even mandated the shot for any child who hopes to participate in what the city defines as “high-risk” extracurricular activities, with examples of electives that fall under the definition including sports, band, orchestra, and dance.
“I said from the very beginning, we will climb the ladder,” the mayor said in a statement when announcing the mandate. “And when we did it worked.”
“It’s first in the nation,” he added. “But I hope it will be emulated all over the country because it’s time to get even tougher to end the COVID era. If we don’t get tougher on vaccination, we’re going to have COVID with us for a lot longer.”
Legal challenges are expected to follow the mandate, including potentially a promised class-action lawsuit by a Staten Island-based attorney Louis Gelormino. Gelormino reportedly told WABC News that he intends to file a class-action lawsuit on behalf of all unpoked workers across New York City.
“We are going to be filing a class-action lawsuit, we received dozens of calls yesterday and dozens more today, on behalf of any employee,” Gelormino said.
“Anybody that works in NYC that has a job in NYC, this could be from 16 years old to 75 years old, anybody that works in NYC that doesn’t want to get the vaccination, we are going to be filing a class-action lawsuit on their behalf.”
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