New York’s COVID Vaccine Mandate for Health Care Workers Struck Down
The COVID-19 vaccine mandate for health care workers in New York has been overturned by the New York Supreme Court, which found that Governor Kathy Hochul and the New York Department of Health exceeded their authority when implementing the vaccine mandate. Siding with the plaintiffs, Medical Professionals for Informed Consent, Judge Gerard Neri ruled that the vaccine mandate was “null void, and of no effect.”1 2
The COVID vaccine mandate in New York was implemented at the start of the COVID pandemic by Governor Andrew Cuomo when the New York Legislature granted him the power on an emergency basis. On June 24, 2021, the emergency orders were rescinded by the governor, but the vaccine mandate was made a permanent regulation.3
The court found that New York public health law specifically prohibits the Commissioner from mandating vaccination for adults and children with the exception of school requirements from pre-school through high school. For school aged children, the public health law only permits mandates for vaccines related to poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Hib, pertussis, tetanus, pneumococcal and Hepatitis B.
Accordingly, the COVID vaccine mandate exceeds the authority granted to the Commissioner by Public Health law. The court concluded:
The mandate §2.61 is beyond the scope of Respondents’ authority and is therefore null, void and of no effect, and Respondents, their agents, officers and employees are prohibited from implementing or enforcing the Mandate… DOH blatantly violated the boundaries of its authority as set forth by Legislature.4
The court determined that the COVID vaccine mandate was “arbitrary and capricious” and the changing definition of “fully vaccinated” in the mandate “contains all the hallmarks of “absurdity” and is no definition at all.”
Plaintiff attorney Sujata Gibson 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.5
New York State Health Department officials strongly disagreed with the ruling stating that the mandate was “a critical public health tool” and that they were exploring their options.6
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