Late in the afternoon on December 14th, 2021, Justice Frank Nervo of New York State Supreme Court, NY County, issued a temporary restraining order in a case brought by a Detective who challenged the Vaccine Mandate. It is unclear what the scope of this TRO is, however. The Judge was asked to clarify whether the TRO applied only to this Detective, the entire Police Department, or the entire municipal workforce. The Court declined to clarify the scope of the TRO, however, and since the TRO was granted from the bench without a written decision, it remains unclear at this point what the exact implications of the order will be.
The City has indicated it is going to the Appellate Division and seeking a reversal of the TRO within the next 24 hours, so the situation could change once again.
In the interim, our attorneys are in court on December 15th, on the unions’ challenge to the reasonable accommodation process and our grievances continue moving forward. We are closely monitoring that case and will update you as soon as there is any further information.
The DEA has steadfastly maintained from the beginning that members should have the freedom of choosing whether or not to be vaccinated. Unfortunately, the courts have not agreed with us. That is why the DEA has pursued an Improper Practice Petition, labor Grievances, and intervened in other pending court battles: to try and attack this from all angles. So, while Judge Frank Nervo seemingly had the vision and fortitude to at least temporarily halt the Mandate, our various other challenges are continuing. We will keep you apprised as developments occur.
Paul DiGiacomo
& The DEA Board of Officers
