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Update posted by Patricia Finn On Dec 08

Regarding our important case and the decision in NY Supreme Court yesterday, see Order below. The Court has granted a Stay of the Mayor's vaccine mandate in this case. The lawsuit seeks to restrain the Mayor's vaccine mandates for NYPD employees as unlawful. Simply put, the Mayor has no power to make up vaccine rules, or power to convert public health mandates into employment mandates, and fire municipal employees who do not obey. Only the NY legislature can do that, and the law in NY prohibits adult mandates. PHL 206 (l)(1). Notably, the legislature has not mandated Covid 19 vaccinations or masks mandates in this State, and thus, the Mayor is without authority.

The case relies, in part, on the remarkably low death rate of Covid 19, and seeks Judicial Notice of the 1 in 20 million chance of dying from Covid 19. Thus, the death rate does not rise to the level of a deadly epidemic or disaster defined under state and federal law.

Contrary to the City's spokesperson's public comments on the case that no Stay has been granted, a Stay indeed has been issued and the City must abide by the Judge's Order or face possible sanctions. Our position on the Order is clear, and its meaning is plain on the face of the document. The Judge has "restrained and enjoined" the Mayor's vaccine mandate in favor of plaintiff and all other persons similarly situated. This is a Stay pending the TRO hearing scheduled for 12 14 21, where argument on the TRO will be permitted. It is a remarkable ruling consistent with other Courts around the US, slapping down illegal mandates. New Yorkers are fed up and not going to take it anymore.

Thank you again for your interest.

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