A Manhattan judge ruled against New York City’s enforcement of a COVID-19 vaccine mandate against members of the city’s largest police union. The judge also ordered all officers who were fired or put on leave to be reinstated.
Members of the Police Benevolent Association scored this victory in State Supreme Court with Justice Lyle Frank, who said the city Department of Health and Mental Hygiene’s mandate couldn’t be used to fire or put any union members on leave.
Frank wrote his reasoning for the decision saying, “In support of its contention that the DOH Commissioner can unilaterally create employment conditions, respondents cite to holdings of recently decided federal cases and trial court decisions. This argument too is unpersuasive.”
“Respondents cite a multitude of cases where this Court, as well as others, have denied petitions based on vaccination being a condition of employment, however in those instances the City and the respective union collectively bargained to include the vaccination mandate as a new condition of employment, that is not the case here,” wrote Frank.
Huge win against the Vaccine mandate for Police Officers in NYC pic.twitter.com/TUQa5skNyz
— Rob O'Donnell (@odonnell_r) September 23, 2022
In a statement, the PBA applauded the decision, saying it “confirms what we have said from the start: the vaccine mandate was an improper infringement on our members’ right to make personal medical decisions.”
“Now that the city has abandoned any pretense of a public health justification for vaccine mandates, we expect it to settle our pending lawsuits and reinstate with back pay for members who unjustly lost their jobs,” said PBA President Pat Lynch.
“We will continue to fight to protect those rights,” Lynch announced.
The Uniformed Firefighters Association, which represents rank-and-file firefighters, and the Uniformed Fire Officers Association, which represents FDNY commanders, were envious and spoke glowingly of the decision, only asking that their members also get the reinstatement treatment.
“We are immediately appealing this ruling. It is at odds with every other court decision upholding the mandate as a condition of employment,” a law department spokesperson told Fox News.
On Tuesday, Mayor Adams’ announced that the city was lifting its vaccine mandate for private sector workers and high school students participating in sports and other extracurricular activities but left the mandate for city workers.
More than 1,000 New York City employees have been fired for refusing the vaccines.
Want the latest in breaking news and insider information on America? Click Here
Follow Raging Americans on Twitter, Facebook and Instagram.