The state court has dealt another blow to New York's Covid vaccine mandate.
On Friday, a judge from the State Supreme Court declared that the New York State Commissioner of Health, Governor Kathy Hochul, and the New York State Department of Health exceeded their power by enforcing a COVID-19 vaccination requirement for healthcare workers in the state.
The vaccine mandate has been deemed unauthorized by state public health law by Judge Gerard Neri. Therefore, the court supported the lawsuit brought by Medical Professionals for Informed Consent in October and invalidated the health order.
The judge criticized the state for referring to taking COVID mRNA shots as a “public health” policy rather than a personal health decision. He also pointed out that the current COVID-19 shots do not prevent transmission. The judge's language has been described as Orwellian.
The Department of Health in New York has stated that it is considering all possibilities for the future.
According to the agency, the requirement is an important public health measure. However, the State Health Department disagrees with the judge's verdict and is considering its options. Rachel Ponka, a registered nurse, told ABC 7 that the decision should have been made a long time ago.
The vaccine mandate was implemented in 2021 by former Governor Andrew Cuomo. However, the current governor, Kathy Hochul, has followed the same policies as her predecessor. In October, a New York judge gave a positive ruling for city employees who had been dismissed due to the Covid vaccine mandates of New York City, citing them as “arbitrary and capricious.”
The judge has ordered the New York City Sanitation Department to stop enforcing the requirement of proof of vaccination. Additionally, the workers are to be reinstated and given back pay. Hochul stated during the New York governor's debate that she would not have taken any different action regarding the state's vaccine mandate, which was found to be unconstitutional.
Hochul said she would do it all over again. However, healthcare workers who lost their jobs for refusing the state's mandatory Covid vaccines may need to seek justice through separate litigation against their former employers.
