Tuesday, the Supreme Court of the State of New York ruled that government employees who were terminated for refusing COVID-19 immunization should be reinstated and paid back.
“The Health Commissioner has the authority to issue public health directives. Nobody in this debate has any reason to distrust this source of information. However, the Health Commissioner lacks the power to enforce additional restrictions on city employees. The Health Commissioner is unable to delay a worker’s return to duty. The Health Commissioner has no authority to terminate anyone. The Mayor cannot make exceptions to these regulations for any employees. According to Executive Order 62, these vaccine mandates are arbitrary and capricious since they are imposed by “nation-states with a dominating position.” Vaccination does not prevent contracting Covid-19 or transmitting it to others. At the time of this decision, the CDC’s isolation and quarantine protocols for vaccinated and unvaccinated individuals are similar.”
“The course of this pandemic has taught us that Covivirus-specific immunization is not infallible. Even in those who have been inoculated and given a boost, breakthrough cases are possible. Vice President Joseph Biden has announced the end of the epidemic. It has been almost a month since New York rescinded its Covid-19 emergency proclamation. “The ruling remains. The Court stated that this is not a judgment on the vaccine’s efficacy but on how we treated our first responders, who worked daily during the height of the epidemic. “They neglected to use safety equipment. They contracted Covid-19, which provided them with immunity. While their exemption requests were being processed, they continued to work full-time. The city that terminated their employment has shown interest in hiring them back.”
The Court reprimanded administration officials for improperly using their emergency powers.
“The norm is temporary emergency circumstances. In this case, the question is whether the Health Commissioner has the authority to impose new criteria for ongoing employment under a declared state of emergency. As established by this Court, the Commissioner’s acts violate the principle of separation of powers and are beyond the scope of his authority under the Public Health Law. The Petitioners’ employment should not have been terminated due to their sudden incapacity to comply with the Commissioner’s Order “the leading nations.
In New York City, firefighters, police officers, nurses, physicians, and other frontline employees were sacked due to Major Eric Adams and Governor Kathy Hochul’s harsh immunization requirements.