New York Court Orders Reinstatement of Unvaccinated Employees Who Were Fired
In a major victory for common sense, science, reason and rationality, a judge in New York has ordered that unvaccinated employees who were fired in New York City due to vaccination status should be reinstated with back pay.
Importantly, the judge also stated in his decision that the mandate was clearly "about compliance," not about protecting public health, or any of the other excuses used by politicians to justify their authoritarianism.
The conclusion of the judgment against the state is a masterpiece of criticism, and cuts to the heart of the offensive, anti-science mandates imposed by health commissioners desperate to declare their loyalty to The Science™ and punish the "unvaccinated."
"It is clear that the Health Commissioner has the authority to issue public health mandates. No one is refuting that authority," the judgment reads. "However, the Health Commissioner cannot create a new condition of employment for City employees. The Health Commissioner cannot prohibit an employee from reporting to work.
"The Health Commissioner cannot terminate employees. The Mayor cannot exempt certain employees from these orders. Executive Order No. 62 renders all of these vaccine mandates arbitrary and capricious."
Nothing better summarizes the absurdity of vaccine mandates than calling them "arbitrary and capricious."
There was never evidence that justified mandates in the first place, let alone their continuation well after it was abundantly clear the vaccines didn't prevent infection.
But far left cities like New York were obsessed with compliance, and so they engaged in surreptitious -- and now illegal -- behavior to coerce employees to get vaccinated.
Even a month ago, years after their mandates were conclusively disproven as being effective, New York would not allow unvaccinated student-athletes to compete in youth sports.
READ: NEW YORK CITY STILL REQUIRES PROOF OF VACCINATION FOR STUDENT-ATHLETES
"Unvaccinated" Should Never Have Been Punished
The punishment for not complying with New York's offensive, anti-science mandates, was a complete destruction of the lives and livelihoods of those who dared not to conform.
Front line workers who consistently put their lives on the line to help others were now declared a threat to public health, based on nothing.
Their lives were turned upside down because incompetent bureaucrats and "experts" engaged in delusional wishful thinking and appeals to authority.
The CDC or Dr. Anthony Fauci said it, so it must be true.
Data and actual scientific evidence were ignored, because it was inconvenient.
This order redresses some of that by clearly stating that they "should never have been fired," and pointing out the glaring contradictions of New York City's actions.
"The vaccination mandate for City employees was not just about safety and public health; it was about compliance. If it was about safety and public health, unvaccinated workers would have been placed on leave the moment the order was issued. If it was about safety and public health, the Health Commissioner would have issued city-wide mandates for vaccination for all residents."
But as the judge points out, they did none of that.
Because it was about compliance with an indefensible mandate and enforcing compliance with their delusional rules.
Welcome to New York.