NY Supreme Court Restores Jobs and Pay for Fired Workers
New York City employees who lost their jobs won their case against an “arbitrary and capricious” vax mandate.
We don’t know exactly how many Americans lost their jobs thanks to Democrat vaccine mandates, but a month ago we asked, where do they go for recompense now that Joe Biden has declared “the pandemic is over”?
New York Supreme Court Justice Ralph Porzio just answered that question for some Empire State residents who were fired for refusing the jab. Sixteen former employees of New York City’s Department of Sanitation sued after being fired earlier this year. They were among more than 1,400 other city employees who lost their jobs, many of whom were the police officers and firefighters once hailed as heroes in New York. Not only must those employees get their jobs back, Porzio says, “Petitioners are entitled to back pay in salary from the day of termination.”
It’s a huge win for individual liberty against government tyranny, especially in a state dominated by some of the most dogmatic Covidians and draconian restrictions in the country.
“There is nothing 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 artists, athletes or performers,” Porzio wrote. Mayor Eric Adams announced last month that he would lift the private-sector mandate and grant certain carveouts. As Porzio explained, “This is clearly an arbitrary and capricious action because we are dealing with identical unvaccinated people being treated differently by the same administrative agency.”
Moreover, the vaccine is “not absolute,” Porzio said. “Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.” He cited the CDC, though such a statement has been censored as “misinformation” by some Big Tech companies. He also pointed out, “The state of New York ended the Covid-19 state of emergency over a month ago.”
Speaking of public health, crime is way up in New York, especially New York City. Therefore, as FDNY-Uniformed Firefighters Association President Andrew Ansbro noted: “Putting hundreds of firefighters, police officers, and other emergency workers out of work is not in the best interest of the city. It’s not safe.” The victims of increased crime would agree.
Nevertheless, the New York Law Department says, “The mandate remains in place as this ruling pertains solely to the individual petitioners in this case.” How that works out in practice remains to be seen.
As for the CDC, remember this is the agency that only recently discovered natural immunity and yet also added the COVID vax to its recommend regimen for children, despite little threat to kids from infection. That will lead to mandates for kids in some states, probably including New York.
It’s great news that New York City employees can go back to work, but what about the kids who won’t be able to attend school? What about the military personnel who were discharged? What about countless other Americans whose livelihoods have been upended because statist busybodies claim they’re saving lives?
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