NYC Ordered to Reinstate Workers Fired for Covid Vaccine Refusal

[TheProle]

Source: Bloomberg

New York City was ordered to reinstate a group of sanitation workers fired for refusing to get a Covid-19 vaccine after a state court judge ruled the mandate was unlawful.

In an order dated Monday, a judge in Staten Island said the city health commissioner has the authority to issue public health mandates, but can’t create a new condition of employment for municipal employees, can’t prohibit them from reporting to work and can’t terminate employees.

“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19,” Justice Ralph J. Forzio wrote. “As of the day of this decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals. The petitioners should not have been terminated for choosing not to protect themselves. We have learned through the course of the pandemic that the vaccine against Covid-19 is not absolute.”

Read more: https://www.bloomberg.com/news/articles/2022-10-25/nyc-is-ordered-to-reinstate-workers-fired-for-vaccine-refusal

[yankee87]

1. Another Death Judge

The entire Qpunlican party has become a cult of death. I hope this is appealed and overturned.

[Botany]

2. "Being vaccinated does not prevent an individual from contracting or transmitting Covid-19," ....

.... yes but it does keep the person from dying and or going to the hospital along with reducing the risk
of transmitting the disease and becoming a host to the virus.

Oh and look @ this:

Ralph Porzio (Republican Party) is a judge of the New York Supreme Court 13th Judicial District. He assumed office in 2019.

https://ballotpedia.org/Ralph_Porzio

[oldsoftie]

8. These idiots refuse to understand that variants cause different reactions.

Just like the flu shot, a covid vax needs tweaking

[Lokilooney]

12. Because of just that I always wondered

How many people caught Covid but because the vaccine was so effective they didn't know they had it and went about their business and ended up inadvertently spreading it.

Still firing is a bit extreme, but then again there was allot of extremes. The amount of independently owned restaurants around here that got eradicated was quite a bit, not the chain/corporate ones though, they could weather it better and now have less competition...

[The_Casual_Observer]

3. Hindsight is 20/20.

There is a lot of revisionist bullshit these days about COVID.
It was a goddamn horror.

[SalamanderSleeps]

4. Absolutely! And the Anti-vaccine Crowd were part of the problem, not the solution.

Fuck them.

Ignorant selfish pricks.

[TomSlick]

5. "Justice" Forzio is - wait for it - a Republican.

Source: https://ballotpedia.org/Ralph_Porzio

[BlueIdaho]

6. Time to play the GQP Slow Walk Court Game.

Let the appeals process begin!

[3825-87867]

7. Why stop there, yer honor?

"Being vaccinated does not prevent an individual from contracting or transmitting Covid-19,”

Wearing safety glasses may not protect a worker from being blinded. Safety shoes may not stop a foot from being crushed.
Safety belts or bags in cars may not save a life in a crash.
Children being required to be vaccinated against childhood diseases might not prevent spreading of those, but in most states, it's a law.
Metal detectors or armed police may not save school kids or citizens at public events or even protect public officials.
Armed bailiffs may not even guarantee safety in America's Courtrooms...except where Supremes or NRA Meetings won't allow freedom of the Second Amendment.

Yeah, no need for all those safety precautions. So let's save big business some bucks and do away with worrying about American's Safety and health!

Get the idea, yer honor? Pretty partisan excuse, bub!

Live long and prosper, yer honor. Maybe you can foist that on others. Words are stronger than science, I guess.

[SouthernDem4ever]

14. very good points

I can be fired for not wearing safety glasses. If that happens I guess I'll take it to his court.

[LiberalFighter]

9. The judge needs to be vaccinated up the ass.

[Xoan]

10. Moran.

[louis-t]

11. The term "choosing to not protect oneself" assumes that

not one else will be hurt by that decision, therefore the judge's order is flawed.

[Grins]

13. NYC: "Make me!"

Now what are you going to do, judge?

“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.” - Dumbass judge .

It sure as fuck helps! And keeps you alive and the city functioning. And at what cost to the city for those who listen to Fox and idiots like you?

[moonshinegnomie]

15. ignore the judge

dont rehire them. if the judge complains tough shit. last i checked the judge ahs no actual enforcement activity and as TFG has shown laws can be ignored...

[onenote]

16. What makes you think the judge has no enforcement authority?

What makes you think he can't hold the city, and the city health commissioner, in contempt of court, subject to daily fines and ultimately jail time?

I see this increasingly on DU and its disturbing -- the idea that its perfectly okay for the losing party to ignore judicial rulings.

And while Trump is a master of pursuing the judicial options available for challenging or delaying the implementation of an order, that's not the same as simply ignoring an order.

[moonshinegnomie]

19. the executive branch is the one who actually has to enforce the order

the judge can issue any order he want but it falls to the executive branch to actually enforce the order.

for example.
Judge hold somone in contempt.
orders them taken into custody and delivered to jail

and the executive branch can just release them...

[onenote]

20. Really? The executive branch can unilaterally release anyone from prison?

What law school did you go to?

[moonshinegnomie]

21. yes

in a couple of ways
1) the pardon
2) prisoners get released early all the time thru the executive branch. no court involved. sometimes it due to overcrowding. sometime for other reason. like I said a judge can order anything he want but he has no way to actually excute the judgement. all the people charged with executing teh judgment are part of teh executive branch

[onenote]

22. Why would any government entity appeal an adverse order if they could just ignore it with impunity

Really. I'd love to hear why your great idea isn't used every time a court rules against the government.

[Polybius]

17. His name is Ralph Porzio, not Forzio

I know, he was at my sister's wedding and in my house when he was a young lawyer decades ago. I was 9, so I didn't talk politics with him then.

[Aristus]

18. Look on the bright side:

There's still the possibility that the anti-maskers and anti-vaxxers could pick up the infection and die from it before they've had a chance to vote.

[Corgigal]

23. Ok,

hire them back, but they pay double for their health insurance. Taxpayers shouldn’t subsidize stupidity.

Let them sue again.