What you should know
- The vaccination mandate for New York City public school teachers and other staff members may go ahead as planned next week, after a state judge lifted a temporary restraining order.
- A coalition of municipal unions filed a lawsuit against the mandate and requested the court order against its implementation.
- State Supreme Court Justice Laurence Love implemented the TRO last week, but removed it in his ruling Wednesday.
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NEW YORK – New York City launched another day of action for vaccination on Thursday in public schools in all five boroughs, a day after a state judge lifted a temporary restraining order on the vaccination mandate for teachers and others. members of the school staff.
The city had announced last month that school employees would have to receive at least a first dose of a coronavirus vaccine by Sept. 27, which would affect about 148,000 school workers and contractors, and can now move forward as planned. . Unlike the vaccination mandate for the city’s 300,000 employees, educators will not have the option to undergo weekly COVID-19 testing to remain in their jobs.
Those who have not received the injection now have less than five days to do so. Parents have mixed reactions, but many agreed that vaccination can help protect children under 12 who cannot get the vaccine.
“I think it’s fair. It makes me feel like my son is safer and will have more continuity in his teachers if they don’t get sick,” said mother Marcia Stern.
A coalition of municipal unions filed a lawsuit against the mandate and requested the court order against its implementation. State Supreme Court Justice Laurence Love implemented the TRO last week, but removed it in his ruling Wednesday.
In a statement, the Department of Education said the ruling was “a great victory for the children of New York City and the employees of the Department of Education. Your health and safety are at the heart of this vaccine mandate, and we are pleased that the court has recognized the legal authority of the city. “
Union officials said they intended to pursue legal action.
“We are deeply disappointed that the temporary injunction has been lifted,” said Henry Garrido, executive director of DC 37, in a statement. “This is not the end of the road and we will continue to fight for the right of workers to make their own health care decisions.”
Another father, Randy Vasquez, told NBC New York that he agrees with the union that the mandate is unfair, but also believes it will protect children.
Judge Love said he initially ordered the injunction because the city’s original injunction said nothing about medical or religious exemptions, but said the city subsequently released language that said nothing in the injunction would prohibit accommodations that are legally required. .
He said that eliminated the need for the court order and also doubted that the unions could finally succeed in their claim that their due process rights were being violated.
“State and federal courts have consistently held that the requirement for a mandatory vaccination does not violate substantive due process rights and falls properly within the policing power of the state,” Love wrote.
The city’s mandate that teachers and staff get vaccinated is relatively rare in the US, and other states and districts have imposed rules that require weekly vaccinations or tests for the virus.
Unlike other school districts, New York City does not offer remote instruction this school year, despite concerns about the highly contagious delta variant’s ability to spread. De Blasio has said that children must return to school for their physical and mental health and social development.
New York also requires vaccinations for student-athletes and coaches in “high-risk” sports like soccer, basketball, and wrestling. De Blasio said Monday that he is not yet considering a broader vaccine requirement for all eligible students, despite Pfizer’s announcement Monday that its COVID-19 vaccine works for children ages 5 to 11 and that it will seek authorization. from the United States for that age group.
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