In 2021, NY Healthcare Workers were fired from their jobs if they declined a covid-19 vaccine.
A group of healthcare workers under the banner of Medical Professionals for Informed Consent (the Petitioners) sued NYS Health Commissioner and Governor Kathy Hochul (the Respondents). These doctors and healthcare workers stated that Hochul overstepped her authority and the Mandate should be null and void.
On January 13, 2023 the Judge overseeing their case agreed. The Vaccine Mandate on NY Healthcare workers is now null and void. Everyone who was fired should go back to work. But Hochul and friends are appealing the ruling. What else would you expect from a woman who wears a necklace that says “Vaxed” and said God wants everyone vaccinated?
Judge Gerard J. Neri wrote in his ruling that the Governor and Commissioner issued a Mandate that was beyond their authority. That they ignored and overrode existing Public Health Law, and that the Separation of Powers was not upheld. Basically, the government behaved illegally, but few in the Media took note of this dangerous behavior.
Luckily, the Judge took note of it. He ruled that the Mandate was arbitrary, as “arbitrary action is taken without sound basis in reason and is generally taken without regard to the facts.”
Judge Neri went on to write “that the Mandate was entitled, “Prevention of Covid-19 transmission by covered entities.” In true Orwellian fashion, the Respondents acknowledge then-current Covid-19 shots do not prevent transmission.”
The Judge even went on to discuss the meaning of the phrase, “fully vaccinated” in his Ruling, describing it as absurd: “A term which is defined at the whim of an entity, subject to change without a moment’s notice contains all the hallmarks of absurdity, and is no definition at all.” Therefore, he found “the Mandate arbitrary and capricious.”
This Supreme Court Judge ruled that the Governor and Commissioner are “prohibited from implementing or enforcing the Mandate.”
New York State mandated a booster last January on healthcare workers but there was so much resistance to it, the mandate was scrapped after a few months. They had already lost too many workers to the original mandate and couldn’t afford to lose any more. From syracuse.com:
“Some hospital workers have already resigned over the booster mandate and want to move to states without booster mandates, said Gary Fitzgerald, president of the Iroquois Healthcare Alliance, a group that represents Upstate hospitals.
“Workers are tired and fed up,” Fitzgerald said. “They’re asking, ‘What’s going to happen next? Is the state going to mandate another booster? When will it stop?””
Even though a New York Supreme Court Judge now prohibits the Mandate (and totally trashed the supposed rationale behind it), Kathy Hochul is not letting go. She is “exploring her options.”