NYC Employee Vax Mandate Ruled Unconstitutional, 16 Fired Workers Entitled to Jobs and Back-Pay

In a hearing yesterday at the Staten Island Supreme Court, NY Supreme Court Judge Ralph Porizo ruled in favor of 16 Department of Sanitation employees who sued the City (as well as Health Commissioner Dave Chokshi and Mayor Eric Adams) after losing their jobs for not complying with the city’s covid vaccine mandate.

Outside the courtroom, Attorney Chad Laveglia said, “We just defeated the vaccine mandate for every single city employee…The Supreme Court of Richmond County made a Constitutional decision that affects every single borough, city-wide.”

He went on to say that the mandate was ruled arbitrary, capricious and unconstitutional. “A city agency can’t make law, that’s what our elected representatives do,” Mr. Laveglia said. “The separation of powers was violated by these mandates.”

The Judge wrote that the Health Commissioner “violated the [workers’] procedural due process” and “lacked the power and authority to permanently exclude [the workers] from their workplace.”

The Mandates were also Arbitrary and Capricious because when Mayor Adams exempted Athletes and Performers from the mandates in March 2022, workers’ Equal Protection under the law was violated (the Mandate on all private sector workers is due to be lifted November 1, but not for city workers).

The 16 DSNY workers were reinstated to full employment status as of October 25, 2022 and are “entitled to back-pay in salary from the date of their termination.”

Here is a Re-Cap of some of NYC’s Covid Vaccine Mandates:

  • On August 16, 2021, the “Key to NYC Vaccination Mandate” announced, which mandated that both customers and workers at Restaurants, Gyms and Indoor Entertainment venues be vaccinated.
  • On August 23, 2021, it was mandated that all Department of Education Employees had to be vaccinated to keep their jobs. Also, unvaccinated parents are not allowed inside school buildings.
  • On October 20, 2021, it was mandated that all city Employees (NYPD, FDNY, DSNY etc) had to be vaccinated to keep their jobs.
  • On December 4, 2021, it was mandated that every Employee in the private sector had to be vaccinated and that private employers could be fined for not complying.

As you consider these mandates, keep in mind that recently a Pfizer spokesperson “admitted” to a European parliament that the Covid Vaccines were never tested for transmission. “Admitted” is in quotes because that word implies Pfizer was hiding something, and fact-checkers were quick to say that Pfizer never claimed that the vaccines prevented transmission of the virus.

As this article in Tablet Magazine states, “Vaccine mandates were mainly rationalized through the belief that the higher the rate of vaccination, the less the virus would spread. For example, during oral arguments for Biden’s health care worker mandate, Associate Justice of the Supreme Court Elena Kagan claimed that health care workers had to get vaccinated “so that you’re not transmitting the disease.””

So who is responsible for spreading this belief, this misinformation?

Media outlets paid to promote the vaccines (as revealed by a FOIA request made last March), and government officials, including Anthony “Vaccinated People Become Dead Ends for the Virus” Fauci and Joe “Pandemic of the Unvaccinated” Biden and CDC Director Rachelle “Vaccinated People Do not Carry the Virus and Do Not Get Sick” Walensky.

Last year, when vaccinated people began to get Covid, we were told these were rare, “breakthrough” infections. Breaking through what? The vaccines do not stop infection. On July 22, 2022, former White House Covid Response Coordinator Dr. Deborah Birx even said, “We knew the Covid vaccines were never going to protect against infection.”

We don’t hear our Health Leaders using that misleading and inaccurate phrase, “breakthrough infections” anymore, for obvious reasons. Will the mis-informers be punished?

California Assembly Bill 2098 was recently passed by Governor Newsome in October. This bill describes “the dissemination of misinformation or disinformation related to the Sars-CoV-2 virus, or Covid-19, as unprofessional conduct.” Such “conduct” could result in a doctor being suspended from practicing or losing their medical license altogether.

So when do Drs Fauci and Walensky get brought up on charges of “misinformation”?

The clear implication of this Bill is that doctors will be punished for questioning the government’s decisions regarding Covid, as though the CDC/FDA are the sole arbiters of “truth” and “settled science”. Yet, haven’t we just witnessed errors and misinformed statements made by the Government agencies with regard to Covid?

We deserve to have ALL sides of the medical story so we can make up our own minds as to what is best for ourselves. Uncensored. You know, like we did in 2019?

In my next blog post, I will have quotes from these DSNY workers who spoke to this independent reporter after Judge Porizo’s Ruling yesterday.

You probably won’t hear what they had to say on the mainstream “news.”

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