In a groundbreaking decision announced on January 13, New York State Supreme Court Judge Gerard Neri ruled that the COVID-19 vaccine mandate for healthcare workers is now “null, void, and of no effect.”
The court held that the New York State Department of Health lacked the authority to impose the mandate because that power is reserved to the state legislature. Additionally, the court found that the mandate was “arbitrary and capricious” as COVID-19 vaccines do not stop transmission. They say that this vitiates any rational basis for a mandate.
The lawsuit was filed by Medical Professionals for Informed Consent and several individual healthcare workers. Lead attorney Sujata Gibson, of the Gibson Law Firm, PLLC, said, “This is a huge win for New York healthcare workers, who have been deprived of their livelihoods for more than a year. This is also a huge win for all New Yorkers, who are facing dangerous and unprecedented healthcare worker shortages throughout New York State.”
According to Gibson, “The State Supreme Court struck down the New York State healthcare workers’ COVID-19 vaccine mandate as unlawful and unenforceable. This applies statewide. Judge Neri ruled that the New York State Department of Health lacks the authority to issue a vaccine mandate and also that it is arbitrary and capricious to mandate this vaccine since it cannot stop transmission.”
Gibson continued saying, “Staffing shortages have been so bad, in large part because of this mandate, that whole hospital wings and floors had to close, and patients are being regularly turned away even from emergency care from local hospitals and sent to Pennsylvania.“