A state Supreme Court judge in Syracuse, New York, struck down a statewide mandate for medical staff to be vaccinated against COVID-19, ruling that Gov. Kathy Hochul and the state’s health department overstepped their authority.
In a landmark ruling issued on Jan. 13, state Supreme Court Judge Gerard Neri declared the statewide COVID-19 vaccine mandate for medical staff “null, void, and of no effect.”
Hochul and the state Department of Health exceeded their authority by sidestepping the state legislature in imposing a permanent COVID-19 vaccine mandate for medical professionals, the judge wrote in the order (pdf).
Neri also found that the mandate was “arbitrary and capricious,” citing evidence that COVID-19 vaccines don’t prevent the spread of the virus, undercutting the basis for the mandate.
“In true Orwellian fashion, the Respondents acknowledge then-current COVID-19 shots do not prevent transmission,” Neri wrote, citing a Summary of Assessment of Public Comment that was entered as evidence in the case.
In support of the view that the mandate was capricious, Neri also pointed to the fact that the order, titled Prevention of COVID-19 Transmission by Covered Entities (pdf), used a loose definition for “fully vaccinated,” namely one that was “determined by the Department.”
Neri wrote, “A term which is defined at the whim of an entity, subject to change without a moment’s notice contains all the hallmarks of ‘absurdity’ and is no definition at all.”
The ruling came after a lawsuit was filed by Medical Professionals for Informed Consent, a group of medical professionals who were negatively affected by the vaccine mandate and either lost their jobs or faced the prospect of job loss.
“This is a huge win for New York healthcare workers, who have been deprived of their livelihoods for more than a year,” the plaintiffs’ lead attorney, Sujata Gibson, said in a statement.
“This is also a huge win for all New Yorkers, who are facing dangerous and unprecedented healthcare worker shortages throughout New York State.”
In siding with the group, Neri stated that the state is prohibited from mandating vaccinations outside of what’s detailed in public health law.
“The Mandate is beyond the scope of Respondents’ authority and is therefore null, void, and of no effect,” he wrote.
Good!!! ALL places of employment should do the same!