(TheRedAlertNews.com) – A New York State Supreme Court judge has ruled that state employees who were fired for not getting a coronavirus vaccine should be reinstated and receive back pay.
Judge Ralph Porzio based his ruling on the finding that being vaccinated against COVID-19 “does not” prevent the spread of the virus.
His decision came in a case where 16 sanitation workers sued New York City over a vaccination order by the NYC Commissioner of Health and Mental Hygiene.
Porzio ruled the commissioner’s order violated the separation of powers laid out in the state constitution, plus the workers’ rights to due process and equal protection.
“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 athletes, artists, and performers,” the judge wrote.
“This is clearly an arbitrary and capricious action because we are dealing with identical unvaccinated people being treated differently by the same administrative agency,” he added.
The 16 sanitation workers’ lawyer, Chad LaVeglia, celebrated the ruling.
“[This is] a remarkable victory for all the hard-working men and women who have dedicated their lives to serving the public. It is also a great victory for individual rights and equality for all New Yorkers,” he said, as cited by CNN.
The leftist network also quoted a swift statement by the NYC law department, whose spokesperson made it clear the city’s administration had moved to dispute the ruling.
“The city strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers’ public health. We have already filed an appeal,” the spokesperson said.
“In the meantime, the mandate remains in place as this ruling pertains solely to the individual petitioners in this case. We continue to review the court’s decision, which conflicts with numerous other rulings already upholding the mandate,” the spokesperson added.
Earlier this year, NYC fired about 1,400 employees, including many firefighters and police officers, for being unvaccinated under a mandate issued under former Democrat Mayor Bill de Blasio.
The new Democrat Mayor, Eric Adams, has insisted that he would never rehire workers axed for being unvaccinated. But, at the same time, he allowed an exemption from the mandate for athletes and performers.
Because of that, Adams was condemned jointly by Andrew Ansbro, President of the FDNY-Uniformed Firefighters Association, and Lt. James McCarthy, President of the FDNY-Uniformed Fire Officers Association.
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BREAKING: Blue state forced to backtrack on firing unvaccinated workershttps://t.co/rpzqzE3jkI
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