In a ruling that should make Democrats’ noses bleed, a NY Judge struck down the city’s Covid vaccination mandate for city workers, calling it “unconstitutional, arbitrary, and capricious.”
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 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 (pdf). The Epoch Times
The City created different rules for different groups, which the judge said made the mandate “arbitrary and capricious.” The mandate itself stemmed from Mayor Adams’ Executive Order #62. The NY judge also noted that being vaccinated does not prevent a person from either transmitting or contracting Covid.
Approximately 2,000 city workers were fired for failure to comply with the vaccination requirement. The NY judge stated that they now should be able to return to work, and not just the sanitation workers, but all workers who were fired. He also stated that emergency situations were meant to be “temporary” not permanent, and that the Health commissioner overstepped his authority when he created a new requirement for employees.
“The petitioners should not have been terminated for choosing not to protect themselves… It is time for the City of New York to do what is right and just.” Judge Porzio
Then he ordered that the fired city workers be reinstated to their jobs at 6 a.m. on October 25, and receive all back pay. Yes, that should give control-freak Democrats a nose bleed, don’t you think?
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