Update on NY Cases for Fired Unvaccinated Workers

Summary and update of some of the most important lawsuits against covid vaccine mandates in NY & NYC

Below you will find legal updates to four of the most important lawsuits representing unvaccinated NY & NYC workers fired for declining the covid shot

Kane v. de Blasio: This is a federal case filed in September of 2021. It represents 10 teachers and educators whose religious exemptions to vaccination were denied and they were fired for not taking the covid shot. The case is currently paired in the 2nd Circuit Court of Appeals with Keil v. The City of New York and New Yorkers for Religious Liberty NYFRL) v. The City of New York. The NYFRL case is similar to the Kane case, but represents all New York City workers denied religious accommodation from the vaccine mandates. All three cases have been waiting for a decision from a three judge panel since February 8, 2023, over 16 months. If there is not a favorable decision in these cases, the attorneys have stated they plan to appeal to SCOTUS.

Garvey v. The City of New York: 16 sanitation workers sued in NYC in NY State Court, and won, getting the vaccine mandate for municipal workers overturned and thrown out. However, NYC appealed which stalled the victory. The appeal was recently argued in the Appellate Division, Second Department on April 15, 2024. Decisions from this court can take up to 2 years to be rendered. If the case is not successful, there is one final appeal possible to the New York State Court of Appeals. This case cannot go to SCOTUS because it is in state court, not federal.

DiCapua v. The City of New York (TEACHERS FOR CHOICE is a named plaintiff) This case won at the trial court level in September 2023, when the New York State Supreme Court held that the Citywide Panel denials for teachers were arbitrary and capricious and did not meet lawful standards. Ten teachers were awarded reinstatement and back pay, however, as in the Garvey case, NYC appealed which has delayed the relief until the appeal is resolved. After two extensions, the City filed their brief on appeal just this month, and attorneys estimate it will be several months before an argument is scheduled. The original decision from Judge Ralph Porzio can be found here.

SUCCESS!!!   Medical Professionals for Informed Consent v. Mary T. Bassett - This case argued that the state-wide vaccine mandate implemented by NY Governor Kathy Hochul was illegal and unconstitutional. It was successful in NY State Court in January of 2023, but the Attorney General's office appealed the decision. On the morning of the appeal, instead of arguing as to why the lower court ruling was wrong, the Attorney General announced the state planned to end the vaccine mandate. It took many months before the mandate was actually legally lifted, but it was eventually ended in the fall of 2023.

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There are more cases in New York, but these are the most important and most impactful litigation for unvaccinated workers to date.