131–140 of 443 posts
I can understand why the vaccine mandate would be unconstitutional as a whole, but why shouldn't the city be allowed to fire whoever they feel like firing? New York is an at will state.
Even if you don't state the reason (which they did), it would be illegal to fire all black people from a company, because it's trivial to prove for a large enough company.
"at will" doesn't supercede civil rights act and other laws.
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Why would it make sense to exempt those people but not, say, firefighters?
Because athletes and performers are irreplaceable and bring in tourist revenue which the city wants. Firefighters are more easily replaceable and have no effect on tourism. Having competing priorities is common enough, I don't see what doesn't make sense here. The city wants everyone to be vaccinated but it also wants broadway and basketball to be happening more, so they came up with this policy.
I've been thinking a lot about judicial review in common law democracies recently, and I tentatively think a better system would be to vastly expand the number of judges that are involved in making a decision. Example, you'd still have a tiered court system, and your case would still be heard in front of say a 3-9 panel appeals court- but after they write their decisions, a couple hundred other appeals judges at the…
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The argument at the time was that it was "creating a double standard that disadvantaged local artists and athletes" compared to performers that were not residents of NYC (but commuted in for work). https://www1.nyc.gov/office-of-the-mayor/news/153-22/transcr...
Stuff like this and allowing certain events while vilifying others as "superspreader events" killed a lot of people's belief in mitigation strategies IMO. A virus is a virus and doesn't recognize human needs or wants. Either there are no exceptions for anyone or we shouldn't bother.
Closing the beaches was stupid too. If there ever was a safe place then it was the beach or state park wheee uou are in the open and the window blows.
I can understand why the vaccine mandate would be unconstitutional as a whole, but why shouldn't the city be allowed to fire whoever they feel like firing? New York is an at will state.
"At will" doesn't mean you can fire for any reason. Even if you don't state the reason (which they did), it would be illegal to fire all black people from a company, because it's trivial to prove for a large enough company. "at will" doesn't supercede civil rights act and other laws.
Something I've been wondering in recent cases where courts are overturning recent government action, whether unconstitutional bills passed into law, or unconstitutional executive actions that overstep authority, is where's the penalty for committing those actions in the first place? The state of New York famously responded to the outcome of NYSRPA v. Bruen, which overturned the defacto ban on concealed carry, by decl…
It's a little weird to be concerned about this now around COVID policies, and not during the last fifty years of laws passed by republican state legislatures that barely last past the ink drying on the law before getting slapped with an injunction and ultimately struck down by the courts, but not after the state AG wastes millions of dollars in taxpayer funds fighting it as high up the federal court system as possibl…
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But if the vaccine doesn't prevent spread that means you were fired because of... what? "Get the vaccine to reduce your symptoms or I'll fire you incase it kills you!" It's not like the vaccine prevents spread to other coworkers, why require it? Everyone has a different health risk, let them decide whether they can weather a certain viral load. That is, unless, you have a vaccine that can actually prevent trasmission…
A lot of people no longer believe in personal freedom. They would rather fire employees before banning tobacco and alcohol, yet tobacco and alcohol is far more dangerous and leads to more deaths than COVID-19.
Some of them… well, what an amazing coincidence really!
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Because it doesn’t matter who has Covid in a fire.
Dunno how it is in NY, but in my city, the fire department spends way more time on paramedic duties than on actually fighting fires (around 40 EMS calls for every fire call). IMO if you're getting a ride to the hospital from someone it matters if they have COVID. And even though the vaccines don't guarantee that you won't get infected, the government does have an interest in preventing severe infections. COVID was th…
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Because athletes and performers are irreplaceable and bring in tourist revenue which the city wants. Firefighters are more easily replaceable and have no effect on tourism. Having competing priorities is common enough, I don't see what doesn't make sense here. The city wants everyone to be vaccinated but it also wants broadway and basketball to be happening more, so they came up with this policy.
Why do firefighters have no effect on tourism? Without them you can not run a city. Same for many other jobs like garbage collection.
They took people's livelyhoods away, and now they gotta pay.