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.
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NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
211–220 of 443 posts
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#212Earlier quoted context omitted.
This is bad faith interpretation of my comment. We all know what the Civil Rights Act is. My question is what rule exactly is NYC breaking?
Did you read the ruling? It’s not actually very long (terrible pdf though): “Finally, states of emergency are meant to be _temporary_. The question presented is whether the Health Commissioner has the authority to enact a permanent condition of employment during a state of emergency. This Court finds that the Commissioner does not have that authority and has acted beyond the scope of his authority under the Public He…
The health commissioner's order didn't say fire the employees [1]. It said that you can't have unvaccinated people on the premise which is clearly within their powers to "control of communicable and chronic diseases ... " [2]. The commissioner never said you needed to fire anybody. It we start taking this to the extreme, I think we can agree if somebody has Ebola its ok for the commissioner to say that person should not show up to work. Such a claim is in direct contradiction with the Judge's statements though: "The Health Commissioner cannot prohibit an employee from reporting to work.".
[1]: https://www1.nyc.gov/assets/doh/downloads/pdf/covid/covid-19...
[2]: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet...
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#213Earlier quoted context omitted.
> This is not a slippery slope situation. I think it is. Governments aren't that trustworthy if you ask me.
The paranoia is a bit too late. Emergency powers were established by Congress a century ago, and at least 60 national emergencies have been declared since. In New York State, a state of emergency declaration permits the governor to direct local officials and state agencies, and to suspend state and local law or regulation to facilitate disaster response efforts. If there ever was a slippery slope, it has long since b…
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#214What was wild is the amount of hate and vitriol directed towards those who chose not get to vaccinated and lost or risked losing their jobs. This forum was not exempt from that hate. I hope this court opinion is enough to sway the opinion of those who held such extreme beliefs in this vaccine mandate that there are different opinions, and it doesnt have to be so extreme when deciding how to move forward with things t…
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#215Earlier quoted context omitted.
The paranoia is a bit too late. Emergency powers were established by Congress a century ago, and at least 60 national emergencies have been declared since. In New York State, a state of emergency declaration permits the governor to direct local officials and state agencies, and to suspend state and local law or regulation to facilitate disaster response efforts. If there ever was a slippery slope, it has long since b…
I am negotiating my life, not the ones of my great-grandparents.
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#216Earlier quoted context omitted.
Doubt it. The court also said the following (court towards the end indicates that the mandate didn’t make sense even when the order was issued): > “”Being vaccinated does not prevent an individual from contracting or transmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals. The Petitioners should not have been ter…
Yikes. This reads like a gish-gallop of anti-vax talking points. I don’t even necessarily disagree with the decision to reinstate the employees, but this legal reasoning is embarrassing. Edit: I’m happy to learn that the New York Supreme Court is not the highest court in New York, this entire thread is misleading (I think people are assuming New York’s highest court slapped down vaccine mandates). I don’t know why Ne…
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#217Earlier quoted context omitted.
I am negotiating my life, not the ones of my great-grandparents.
Then you should have been there back in March of 1789. Government is for those who participate, not those who whine about it after the fact. You certainly aren't required to abide by laws or social contract if you don't value the liberties and protections granted by the Constitution and US citizenship.
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#218Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#219Earlier quoted context omitted.
Doubt it. The court also said the following (court towards the end indicates that the mandate didn’t make sense even when the order was issued): > “”Being vaccinated does not prevent an individual from contracting or transmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals. The Petitioners should not have been ter…
Yikes. This reads like a gish-gallop of anti-vax talking points. I don’t even necessarily disagree with the decision to reinstate the employees, but this legal reasoning is embarrassing. Edit: I’m happy to learn that the New York Supreme Court is not the highest court in New York, this entire thread is misleading (I think people are assuming New York’s highest court slapped down vaccine mandates). I don’t know why Ne…
“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”
Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay
#220Earlier quoted context omitted.
Then you should have been there back in March of 1789. Government is for those who participate, not those who whine about it after the fact. You certainly aren't required to abide by laws or social contract if you don't value the liberties and protections granted by the Constitution and US citizenship.
Were you?