New York City Must Appear in Court Over Vaccine Mandate Lawsuit

(Bloomberg) -- A judge will hear arguments next week over whether to halt New York City’s vaccine mandate for municipal workers.

State Supreme Court Justice Frank P. Nervo on Tuesday set a Dec. 14 hearing for arguments on whether he should grant a New York City Police Department detective’s request for a temporary restraining order against the Covid vaccine requirement.

Detective Anthony Marciano sued Mayor Bill de Blasio on Dec. 1 in state court in Manhattan, saying the available Covid-19 vaccines have been authorized only for emergency use and are “unapproved, investigational and experimental.” The mandate violates his rights to informed consent, he argued. 

The Pfizer-BioNTech vaccine is fully approved for ages 16 and up. Large clinical trials have shown all the approved vaccines to be safe and effective.

Nervo’s order comes amid a spate of litigation over vaccine mandates in the city. Late last month a federal appeals court revived a suit by some New York City teachers who claim a vaccination mandate infringes their religious freedom. 

“We are pleased the judge agreed there were no grounds to enjoin the vaccine mandate on an emergency basis,” the city’s Law Department said in a statement on Wednesday. “Courts have upheld the mandate again and again and we’re confident that will occur in this case.”

The mayor has no power to make vaccination rules or to convert public health requirements into employment mandates, as that authority is held by the state legislature, said Patricia Finn, a lawyer for Marciano.

The case is Marciano v. De Blasio, 160914/2021, New York State Supreme Court, New York County (Manhattan).

©2021 Bloomberg L.P.