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New York judge strikes down 'arbitrary
and capricious' vaccine mandate for workers

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Posted By: Beardo, 10/25/2022 3:23:04 PM

New York judge has struck down what it calls an "arbitrary and capricious" COVID-19 vaccine mandate for New York City workers, in a ruling that reinstates employees fired for not being vaccinated and entitles them to back pay. "The petitioners should not have been terminated for choosing not to protect themselves," Richmond County Judge Ralph Porzio wrote in his ruling Monday, in response to the case filed by 16 New York City employees after they were fired for not taking the vaccine.

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Reply 1 - Posted by: NessunDorma 10/25/2022 3:33:25 PM (No. 1314077)
It's a welcome first move, but despite its name, in NY the Supreme Court is the district/trial court so we'll see what the Appeals Court does. Personally, I don't know how the City (or state for that matter) has a legal leg to stand on after everyone in charge including the pharmaceutical companies have finally admitted that the vaccine neither prevents contracting the disease nor transmitting it.
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Reply 2 - Posted by: stablemoney 10/25/2022 3:33:37 PM (No. 1314078)
Why can't the people that caused such havoc with "arbitrary and capricious" "vaccine" mandates get their butts whipped for it? Why do we get all the damage, and never any remedy?
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Reply 3 - Posted by: Laotzu 10/25/2022 4:02:35 PM (No. 1314102)
For those not fluent in ConLaw jargon, "arbitrary and capricious" is the most government-friendly test for constitutionality of government action. They simply need to state an other-than-nonsensical reason for their actions.
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Reply 4 - Posted by: Ruhn 10/25/2022 5:19:01 PM (No. 1314159)
As mentioned, The Court of Appeals is the highest court in NYS, not the Supreme Court. So, yes. NYC is already filing for appeal. While the discovery phase of this appeal would typically open this can o' worms more against NYC, don't be surprised if the ruling is overturned. NY politics (even the courts) are as crooked as they come.
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