NEW YORK (1010 WINS) -- A judge on Monday ruled that New York must open eligibility for the coronavirus vaccine to all state prison and jail inmates.
Bronx Supreme Court Justice Alison Tuitt called the eligibility exclusion "unfair and unjust" and made the ruling the same day that state officials announced everyone over 30 will be eligible to make an appointment to receive the COVID-19 by Tuesday, and everybody 16 years and older can get the shot next week.
"This decision by the Respondents to exclude these incarcerated persons from eligibility for the vaccine was unquestionably arbitrary and capricious, especially in light of the fact that Respondents approved vaccinations for all other congregate living facilities, including juvenile detention facilities," Tuitt wrote in her ruling.
The ruling was part of a lawsuit brought against the state last month by Charles Holden, 52, and Alberto Frias, 24, two Rikers Island inmates who claimed they were never offered vaccinations.
In her ruling, Tuitt noted that Holden has since become eligible to receive a shot.
“As of today, Petitioner Frias and other incarcerated individuals under the age of 30 years of age are still not eligible for the vaccine, notwithstanding that they are being held in congregate settings,” Tuitt wrote.