Since the imposition of the COVID-19 Vaccine Mandate by former Mayor Bill de Blasio late last year in 2021, the DEA has filed legal challenges to the Mandate in both State and federal courts. The DEA has challenged the Mandate on the basis that the Mandate was arbitrary, capricious, illegal, and unconstitutional. The DEA’s unwavering position has been, and continues to be, that the decision as to whether to be vaccinated or not is a personal medical decision, and one which should be left to the individual members in consultation with their families and their physicians.
Unfortunately, as you know, the federal and State courts have not been receptive to our arguments, and similar arguments made by scores of other unions in NYC, NYS, and throughout the USA. And even though the DEA has won certain concessions — such as modifications to the City’s and NYPD’s medical and religious reasonable accommodation (“RA”) process — the Vaccine Mandate has consistently been upheld by the courts, including the U.S. Supreme Court. As recently as last week, in a decision issued by a Justice of the Supreme Court, New York County, the Mandate was upheld and found to be a legal exercise of government power and the court refused to overturn it. In summary, while individual DEA members who have had their RA requests denied may file a legal challenge specific to the denial of their RA, the courts will not invalidate the Mandate itself.
Looking to try a different approach, the DEA recently filed suit against the Mayor and the NYPD challenging the Mandate as arbitrary and capricious, in light of the increased threat to public safety posed by firing Detectives and other Police Officers during such a violent and dangerous time in our City. Our attorneys appeared today, September 21, 2022, in NYS Supreme Court and argued our case in front of Judge Lyle Frank. We asked the Court to issue an Order ending the Mandate, and, at a minimum, block any terminations of unvaccinated members. Our attorneys also specifically addressed with Judge Frank the latest announcement by the Mayor lifting the Vaccine Mandate for the private sector.
Although, to the best of our knowledge, the private sector Vaccine Mandate has never been enforced, lifting the Mandate for the private sector is a “slap in the face” to our members, as it makes absolutely no sense to continue to have the Mandate apply to our members and other public sector employees while lifting it for everyone else. The Mandate should be ended for everyone.
The Court, unfortunately, did not render a decision on our lawsuit today (September 21, 2022), but instead will issue a written decision shortly. We do not know exactly when.
In addition to our pending court challenge, we have contacted the Mayor directly and have strongly urged him to end the Mandate, or, at a minimum, stop any pending terminations until the Court issues its decisions on the case.
We will keep you advised of the result of Judge Frank’s decision and our efforts with City Hall.
Paul DiGiacomo
President