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Blue State Supreme Court Delivers Massive Victory for Terminated Unvaccinated Employees

The city of New York fired employees who refused to be vaccinated for COVID, but on Monday the New York Supreme Court ruled that the city had to rehire and pay back wages to the employees fired over the vaccine mandate. As the ruling from the court outlined, in October 2021, the New York City Health Commissioner, David Chokshi, mandated the vaccine for city employees. That first mandate was then followed by another mandate for the private sector in December. However, Mayor Eric Adams signed an executive order in March that exempted performers, athletes or other kinds of artists from the private sector vaccine mandate. But on Monday, the state’s Supreme Court ruled that the orders and exemptions from Chokshi and Adams were “arbitrary and capricious.” The court noted the states of emergency under which the vaccination orders were enacted were meant to be temporary. “The question presented is whether the health commissioner has the authority to enact a permanent condition of employment during a state of emergency,” the ruling stated. “This court finds that the commissioner does not have that authority and has acted beyond the scope of his authority under the public health law and in violation of separation of powers. The petitioners herein should not have been terminated for their failure to comply with the Commissioner’s orders during a temporary state of emergency,” the ruling added. Furthermore, the court even noted that “being vaccinated does not prevent an individual from contracting or transmitting COVID-19.” The court then ordered that those terminated be fully reinstated to “their full employment status.” They are also “entitled to back pay in salary from the date of the termination.” In response to the ruling, many took to Twitter to point out that Americans in general are tired of COVID restrictions and this ruling might be an indication of that. “The New York Supreme Court just reinstated all workers that were wrongfully terminated due to lack of COVID vaccination. NEW YORK. Americans everywhere are tired of living in shackles,” CJ Pearson, a young conservative activist, tweeted. However, though the Supreme Court of the state ruled against the mandate and decisions from Chokshi and Adams, National Review reported that the city has already filed an appeal. A representative for New York City’s law department said that “the city strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers’ public health,” National Review reported. This article appeared originally on The Western Journal.

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