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NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

iapps.courts.state.ny.us

21–30 of 443 posts

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#22
post #13

Earlier quoted context omitted.

Yeah, it's really sad to see all the covid survivors in Iron lungs.

Looks at the literal million dead Americans what survivors are we talking about again? If you got fired during the days where we finally had a vaccine and you refused to take it, you were fired for a very good reason.

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.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#24
post #10

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 possible.

Just to name a few: Book bans, anti-LGBTQ bills (bathroom bills and more), edicts on what doctor can or cannot say to patients (or must say to patients), ag-gag, voting restrictions, and anti-abortion-choice laws.

All passed with the full knowledge they'll be struck down almost immediately, with the express purpose of tying up funds of progressive non-profits and getting to brag to their base about how they're trying to further 'The Cause' (you know how conservatives are always going on about "liberal virtue-signaling? As always, they're great at projection.)

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#25
post #10

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…

The Bonta team in California has been eggregiously playing the circuit-to-district football, violating fundamental rights of citizens. The 13th circuit is in bed with California state district attorney and the state legislator (both the husband and wife, "Bontas"). Wife is a legislator and the husband is the CA District attorney.

Lawyers are totally baffled at what is going on.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#26
post #10

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…

> How do courts declare certain executive orders unconstitutional, and yet the perpetrators, who took an oath to uphold and defend said rights and values, face no consequences?

Same way no one suffered any consequences for deciding to support the opposition in the Syrian civil war to piss off Assad long after it was obvious they weren’t going to get him out and the only consequence was going to be lots of dead Stands mom Syrians. Same way there were no consequences for bombing Libya into civil war and open air slave markets. Same way there were no consequences for no WMDs in Iraq.

There needs to be a coalition to make them pay. It needs to be not just powerful enough, but committed.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#27
post #20

This is a confusing headline. The judgement here is in NY state court, and pertains to employees of and in the City of New York, which enacted a vaccine requirement for employees of the city and later private employers in the city. Months later, Eric Adams was elected mayor of NYC, and he issued an executive order exempting athletes, performers, and artists from the mandate. Petitioners sued, saying that the mandate…

My state's republican governor sued mayors closing down construction sites during the peak of the pandemic, and also exempted a dizzying number of industries and sectors.

For example: if you sold an ATV to a town police department, you were deemed an essential business and thus got to ignore the closure orders and keep your entire business, both offices and showrooms/repair centers, open.

...but then his administration also went around shutting down bicycle shops in the city. Guess what a lot of medical staff and "essential" blue-collar workers depend upon for transportation, particularly since the public transit system was largely shut down, dangerous to be on public-health-wise, and doesn't operate at hours useful for some shift workers?

Eventually he got the message, but not after a lot of very cringe comments to the press about the pandemic being "real" and implying that bike shops were just frivolous luxury stores.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#28
post #20

This is a confusing headline. The judgement here is in NY state court, and pertains to employees of and in the City of New York, which enacted a vaccine requirement for employees of the city and later private employers in the city. Months later, Eric Adams was elected mayor of NYC, and he issued an executive order exempting athletes, performers, and artists from the mandate. Petitioners sued, saying that the mandate…

Why would it make sense to exempt those people but not, say, firefighters?

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#29
post #18
post #10

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…

The consequences in theory are political. Theoretically Congress should be impeaching Presidents and expelling members that do not uphold their oaths. Executing consequences into popular Presidents or other members of Congress would also be politicized and have political consequences for Congress, so it doesn’t happen. That said, leaving impeachment or expulsion of legislative members to the Courts would also give th…

This is pretty good insight. Now I'm wondering what public data sources show overturned bills as well as all sponsors of a bill. I think Congress' website tracks the latter, but the former might be difficult to obtain.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#30
post #10

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…

>where's the penalty for committing those actions in the first place

You've hit the core problem of society/government that countless generations have tried to obfuscate via an academic body that implies that social interactions can be studied/understood like natural sciences.

At the core, all social structure is built on the threat of violence - Commit non-violent white collar crime? Show up to court, because if you don't you'll get arrested. Run from the police when they try to arrest you? You'll get taken by force.

Reject Capitalism? Starve to death on the streets.

Sure, there's political theory and economics can act like "utility" drives all things, but at the end of the day, it's the threat of some sort of violently bad outcome that keeps society in check.

The recent rub is that we have (probably correctly) decided that violence is bad and we should all just be chill and work together because it's good for all of us. We've also created hyper complex systems that couldn't even theoretically be kept in check with violence (Who am I going to punch when I was duped by a crypto scam?).

So instead of angry mobs tarring and feathering bad politicians/business people (probably bad) we just grouse on the Internet (bad but not as bad).

And stuff like this keeps happening, because an increasingly large number of people (especially the wealthy and politicians) are realizing the threat of violence isn't that great anymore. Like look at Elon Musk - his whole deal is proving that there are no bad consequences to doing whatever he wants and he's revered for it because people who still have a risk of violence in their lives are jealous but believe they one day could get to a similar place.

There's not really a solution other than figuring out how to may people be chill and cooperative on their own (good luck).

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