State Supreme Court Judge Lyle Frank ruled today that NYC’s vaccine mandate as a condition of employment is not valid. This case was filed on behalf of police officers terminated as a result of the mandate.
New York immediately appealed the decision, causing the orders to be placed on hold pending the next court’s ruling.
A spokesman for the City said, “We are immediately appealing this ruling. It is at odds with every other court decision upholding the mandate as a condition of employment.”
President of the Police Benevolent Association Patrick Lynch said in a statement to members:
“I am writing with a critical update on our lawsuit against the
Department’s COVID-19 vaccine mandate.
The judge in the case has ruled that the vaccine mandate is
INVALID as applied to PBA members, and has ordered that all
members who were terminated and/or put on leave without pay
as a result of non-compliance be reinstated.”
Below is the text of the judge’s order:
ORDERED that the vaccine mandate is invalid to the extent it has
been used to impose a new condition of employment to current PBA
members; and it is further
ORDERED that the mandate is invalid to the extent that it seeks an
enforcement in any other manner than proscribed by law, namely
monetary sanctions; and it is further
ORDERED that members of the PBA that were caused to be
wrongfully terminated and/or put on leave without pay as a result of
non-compliance with the unlawful new condition of employment
discussed above are directed to be reinstated to the status they were
as of the date of the wrongful action.
Banner Image: Times Square NYC. Image Credit – Meriç Dağlı