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

iapps.courts.state.ny.us

411–420 of 443 posts

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

#411

Earlier quoted context omitted.

I'm entirely in favor of making lobbying as expensive as possible, but I disagree that there isn't something to be gained from having people be in the same physical location to achieve a common goal. Some things just can't be done very well over Zoom. I do wish that more federal functions would be spread out throughout the country, in the same way that Germany does; many of their federal agencies are headquartered in…

>but I disagree that there isn't something to be gained from having people be in the same physical location to achieve a common goal. So then I assume you also reject Full time work from home? I can not think of a single reason why Congress needs to be in the same physical location to read a bill, take public comment on a bill, then vote on if that bill is good for their community or now. That is the SOLE and ONLY fu…

Relationship management and government oversight.

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

#412

Earlier quoted context omitted.

I would rather have a live and vaccinated firefighter take me to the hospital than have to wait at home because an unvaccinated firefighter died of COVID or is hooked up to a vent

Someone healthy enough to be a firefighter has a near-zero chance of being hospitalized because of Covid.

Can't be that near zero if COVID deaths were about the same as all other causes of firefighter deaths combined in 2021.

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

#413

Earlier quoted context omitted.

Yes, many person years were lost, mostly among the elderly and infirm. I am truly sorry for your loss, whether your father was in that group or not. But the fact on the ground is that "do nothing" and "do something stupid" were the only two choices that actually happened around the world, and regrettably mostly the latter. Pretending otherwise is not useful to the discussion or any future policy decision. There is re…

Excess deaths per capita show us where cultures are better than others at policy. Yes, some of those cultures have healthier people. e.g., Those countries that paid only the sick to stay home were smarter than those who locked down everyone. We should have invested in the infrastructure that will be of use in the next pandemic. There are many obvious good policy decisions other than "do nothing". I do realize that in…

What are some of those "obvious good policy decisions"? Every policy decision is a decision to allocate the scarce resources of the public in one the pursuit of one goal or another.

Is "training more doctors and nurses" an obviously good policy decision? The same resources that go into training medical professionals can be used to accomplish other things that might be more beneficial for society. Building more hospitals? The same. None of those things come for free, so I don't share your certainty that anything is obviously good.

And considering how stupid some of the decisions we made were (with the benefit of hindsight, to be fair), "do nothing" is actually one of the better policy decisions that we could take with us for the next pandemic. I would sincerely hope that we don't normalize some of the behavior we experienced from the part of the policymakers.

Looking at excess deaths per capita: https://www.economist.com/graphic-detail/coronavirus-excess-..., I don't know that there is a clear conclusion to be drawn that some countries really did better than others in Covid-related policy-making. Sweden of the famous "do nothing" approach to Covid had roughly the same excess deaths per capita as did France or Israel, both with much greater restrictions in life.

Same with the differences between US states: I see no discernible differences, and the degree to which I do see differences, it seems random. Why does Vermont have a slightly higher rate than Massachusetts? They share a border and are culturally similar. Why are the rates comparable between California and Florida? They have had radically different policy responses.

But I fear that all this nitpicking is bogging me down from making the real point, which is that reducing excess deaths or increasing the average life expectancy is not the purpose of government. Otherwise, just plug us all into cocoons a la The Matrix and keep us safe and alive for a long, long time.

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

#414
post #69

Earlier quoted context omitted.

That’s easy: it’s not our guy! It’s those other guys! We’re wonderful and they’re terrible! That’s how incumbents can maintain their edge whilst Congress as a body is untrusted. I’m convinced that capping the House of Representatives at 435 was a mistake, and Federalizing most laws even more of a mistake. The question isn’t whether democracy can scale, but whether ours can within its present constraints. The reforms…

I have been in favor of 3 changes to the House. 1. Wyoming Rule. No district should be larger than the least populist state. 2. Make DC a Museum. With modern technology there is no need to "send" legislatures to Washington DC, they can vote, meet, etc all remotely. This will make lobbying more expensive, and put the representatives back in their actual communities, because lets face it most of them represent Washingt…

"Streamlining the actual process of the legislature so that more can get done"

"For the important stuff, insist on two votes, but for everything else, make it easy to get stuff done fast"

https://demodexio.substack.com/p/streamlining-the-actual-pro...

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

#415
post #55

Earlier quoted context omitted.

That may be, but it is really difficult to see how anyone will honestly make a case this was not government overreach, and an arbitrary overreach at that. We'll have to let it play out...

Which part? Speaking as a lawyer, reading this, it feels like it will be overturned almost immediately, and possibly reassigned to a different judge. There is very little legal analysis, and a large amount of unnecessary, biased, diatribe. Appeals courts rarely look kindly on that.

All of it?

I think people of a particular viewpoint have allowed their bias to drown out reason.

To top it all off, it will be very difficult to argue in good faith the mandate was not arbitrary. It quite literally came down to a single dude deciding who he liked better.

Just in this very thread we have people admonishing Adams for "ruining" the mandate, and if he had just been more careful then all these anti-vaxxers would be out of luck... as-if the mandate was a weapon to use against those we don't agree with. That's wrong.

So, while you may assert there isn't much substance to the case, I assert you are very wrong. There is no reality where what happened is legal and there should not be a reality where what happened is legal.

This was the first step in undoing some very great injustices.

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

#416

Earlier quoted context omitted.

> vaccines take years to test not months This is because of money, not because of fundamental scientific issues. This time, there was a financial backer (the government) that was willing to fund development of a whole bunch of vaccine candidates, without any preconditions. That's never happened before. Normally, if you want to develop a vaccine, you have to go to investors, and convince them that your vaccine has a h…

> > vaccines take years to test not months > This is because of money, not because of fundamental scientific issues. This is not at all true. There is only so much you can parallelize things, as every software dev should know. It will always take 9+ months to figure out what the effects are for a mother that was vaccinated before conception, for instance. (Does this trigger autoimmune issues? Birth defects, like thal…

> It will always take 9+ months to figure out what the effects are for a mother that was vaccinated before conception, for instance.

A couple of things. First, pregnant women are generally excluded from vaccine trials - this isn't something specific to the SARS-CoV-2 vaccines.

Second, what is the scientific basis for thinking that vaccination before pregnancy will affect women at the end of their pregnancy (that is, 9+ months later)? When you propose a possible harm, there should be a scientifically plausible basis for it. Is there one in this case?

> There's a decent bit of data now saying that having been vaccinated in the past increases your chance of infection after 12+ months.

I haven't seen anything to suggest this.

> One problem is that the lives saved and the side effects happen in different and only slightly overlapping populations

CoVID-19 was one of the leading causes of death across a wide range of ages. The idea that only the elderly suffered from it is not true.

> long-term side effects (for both covid and the vaccines) are not yet known or knowable.

Long-term side-effects of vaccination are very much knowable. There is no known mechanism that could lead to these vaccines causing long-term side-effects, and there are very good biological reasons for believing that they do not cause any long-term side-effects. Vaccine side-effects occur within months of vaccination, for reasons that are understood. They do not arise years afterwards (also for reasons that are understood). Saying that there may be side-effects years from now is simply FUD.

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

#417

Earlier quoted context omitted.

> Even against Delta effectiveness dropped very rapidly and then actually went negative. Effectiveness against Delta did not go negative. Protection against infection decreased, but was still quite significant. A single booster also greatly increased protection against Delta, which is why many countries initiated booster campaigns in the Fall of 2021. > Unfortunately the trials did not detect this, probably due to ba…

Protection was falling steadily at the time delta disappeared completely, and continued falling on the same trend far below zero. Your description of the trials is perfectly inverted! I wonder how that happens. The trials weren't designed to detect anything except reduced PCR test positivity i.e. infections. They didn't attempt to determine what a "severe case" was because that distinction was invented only after the…

> The trials weren't designed to detect anything except reduced PCR test positivity i.e. infections.

> They didn't attempt to determine what a "severe case" was because that distinction was invented only after the falling effectiveness made it necessary to do so

I'm sorry, but you're wrong on both of these points. From the Moderna phase-3 trial description [0] on clinicaltrials.gov:

> Primary Outcome Measures:

> 1. Efficacy: Number of Participants with a First Occurrence of COVID-19 Starting 14 Days after Second Dose of mRNA-1273

If you look at the trial protocol, there is no regular PCR testing (except for at the start of the trial and at administration of the 2nd dose). Only people who have two or more symptoms are tested. This means that the trial is only meant to test efficacy against symptomatic infection (also known as "CoVID-19," the disease, as opposed to the virus, "SARS-CoV-2"). From the scientific paper[1] on Moderna's phase-3 results:

> Covid-19 cases were defined as occurring in participants who had at least two of the following symptoms: fever (temperature ≥38°C), chills, myalgia, headache, sore throat, or new olfactory or taste disorder, or as occurring in those who had at least one respiratory sign or symptom (including cough, shortness of breath, or clinical or radiographic evidence of pneumonia) and at least one nasopharyngeal swab, nasal swab, or saliva sample (or respiratory sample, if the participant was hospitalized) that was positive for SARS-CoV-2 by reverse-transcriptase–polymerase-chain-reaction (RT-PCR) test.

Then, later on from clinicaltrials.gov:

> Secondary Outcome Measures:

> 1. Number of Participants with a First Occurrence of Severe COVID-19 Starting 14 Days after Second Dose of mRNA-1273 or Placebo

So you see that the idea of preventing "severe CoVID-19" goes back all the way to the formulation of the trials in early 2020.

And more detail from the scientific paper:

> A secondary end point was the efficacy of mRNA-1273 in the prevention of severe Covid-19 as defined by one of the following criteria: respiratory rate of 30 or more breaths per minute; heart rate at or exceeding 125 beats per minute; oxygen saturation at 93% or less while the participant was breathing ambient air at sea level or a ratio of the partial pressure of oxygen to the fraction of inspired oxygen below 300 mm Hg; respiratory failure; acute respiratory distress syndrome; evidence of shock (systolic blood pressure 0. https://clinicaltrials.gov/ct2/show/NCT04470427

1. https://doi.org/10.1056/NEJMoa2035389

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

#418
post #394

Earlier quoted context omitted.

I agree. We should take away all human rights from the unvaccinated, too! And anyone talking about vaccine problems, they also need to go. We could make a special disinfo re-education summer camp, where we will send all the plague rats and political dissidents. We'll let them out when they're good people again, and tow the party line!

Please stop dancing around the issue, and tell us exactly what these 'vaccine problems' are, and how they compare to the 'problems of actually catching COVID [1] without having gotten vaccinated'. The comparison will not be favourable to you. [2] [1] Your camp spent the past two years both telling everyone, and doing your best to ensure that everyone is going to catch it anyways, so this seems like a reasonable compa…

My camp? Fuck off with that. No one's in my camp - especially not radicals like you.

I'm not going to argue with you on vaccine effectiveness, because that's actually not my point. I'm not afraid of people discussing the effectiveness of vaccines - I'm certain the correct opinion will win out.

What I am afraid of is the cruelty of political radicals - which this issue has created in excess.

During the pandemic, people in my corporate slack channels were GLEEFULLY fantasizing about all the vaccine deniers that were going to be fired due to Bidens executive order. This behaviour is terrifying, and anyone who carries this out is reprehensible. Even a moron is a person and has rights.

And the fact that you don't see this as the actual issue is evidence you're still possessed by this nonsense. I posted a snarky sarcastic comment about government suppression and you're talking about vaccines.

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

#419
post #310

Earlier quoted context omitted.

Rumor was Aaron Judge, the Yankee's biggest star, was unvaccinated. He personally sidestepped question about vaccine status and the team had publicly said a few (two?) players on a Yankees hadn't had their shots. Before opening day there were questions about if Judge would be able to play in New York. The whole thing ended up being a mute point, because everyone on the starting roster[1] eventually got their shots so…

moot

Yeah, I also meant opening day roster, not starting roster. Can you tell I couldn't sleep last night?

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

#420

Earlier quoted context omitted.

No I don't think I do have it backward.

What was the point of writing that?

It was commensurate with your reply. What exactly is the cause and what is the effect that you think I have backwards?
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