On Friday a Manhattan supreme court judge ruled that NYPD officers fired for not getting the CoVid-19 jab must be reinstated.
In a stunning reversal Justice Lyle Frank wrote that the city’s vaccine mandate on the Police Benevolent Association was invalid “to the extent it has been used to impose a new condition of employment” on the union.
In Frank’s decision he wrote, It would be a “gross overstatement” of the city’s Department of Mental Health and Hygiene to say it could enforce the vaccine mandate through termination, unpaid leave or suspension, Frank said.
“To be unequivocally clear, this Court does not deny that at the time it was issued the vaccine mandate was appropriate and lawful,” the ruling stated. But the city hadn’t “established a legal basis or lawful authority for the DOH to exclude employees from the workplace and impose any other adverse employment action as an appropriate enforcement mechanism of the vaccine mandate.”
“This decision confirms what we have said from the start: the vaccine mandate was an improper infringement on our members’ right to make personal medical decisions in consultation with their own health care professionals,” PBA President Pat Lynch said in a statement.
“We will continue to fight to protect those rights,” Lynch added.
After the ruling on the PBA, the two FDNY unions said Friday they’d look to get back on the job their members who refused to get jabbed.
“It was only a matter of time before a common sense Judge concluded that the COVID-19 vaccination mandate was never a condition of employment,” said FDNY Uniformed Firefighters Association President Andrew Ansbro and FDNY Uniformed Fire Officers Association President Lt. James McCarthy.
“The Uniformed Firefighters Association and Uniformed Fire Officers Association will send a letter to the Fire Commissioner demanding the reinstatement and remuneration of all FDNY members terminated or placed on leave without pay due to the vaccine mandate.”