NYC judge grants hearing for NYPD detective's lawsuit against vaccine mandate

A New York judge on Tuesday granted a hearing to consider a restraining order on the city's COVID-19 vaccine mandate for municipal workers, which includes police officers and firefighters.

Manhattan Supreme Court Judge Frank Nervo scheduled arguments for next week over whether to suspend the mandate in response to a lawsuit from NYPD Det. Anthony Marciano. The mandate was announced by Mayor Bill de Blasio on Oct. 20 and went into effect on Nov. 1. It requires that all city employees except jail workers receive two doses of a COVID-19 vaccine (or one dose of the Johnson & Johnson vaccine) or be placed on unpaid leave until they provide proof of vaccination.

Marciano contends that he "developed and retains a natural immunity to COVID, as demonstrated by recent blood testing," and he refuses to comply with the city's requirement. HIs lawsuit, which was filed Monday, also claims the city lacks the legal authority to issue the mandate.

"It is abundantly clear by now that the Vaccination Order is not a limited emergency health measure to prevent the spread of COVID by city employees having significant contact with the public, or by those city workers in contact with a particularly vulnerable population. The Vaccination Order applies with equal force to City employees having little or no... (Read more)

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