NEW YORK (1010 WINS) — A Manhattan judge ruled Friday that New York City's COVID-19 vaccine mandate is invalid for members of the Police Benevolent Association — the union that represents NYPD officers.
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Manhattan State Supreme Court Judge Lyle E. Frank ruled that the city cannot fire PBA members for not getting vaccinated and that those members who had been fired and/or placed on unpaid leave due to non-compliance must be reinstated.
In his ruling Friday, the judge said that it is "unequivocally clear" that the court "does not deny that at the time it was issued that the vaccine mandate was appropriate and lawful."
However, he argued that the court "does not see, nor [has the city] established a legal basis or lawful authority for the [Department of Health] to exclude employees from the workplace and impose any other adverse employment as an appropriate enforcement mechanism of the vaccine mandate."
Frank's order also argues that the mandate "violates" the city's charter and the city's administrative code and that the Department of Mental Health and Hygiene commissioner "exceeded his authority when ordering the mandate," adding that the mandate "violates administrative rulemaking requirements" and "lacks a rational basis."
PBA President Patrick J. Lynch lauded Friday's ruling in a statement.
"This decision confirms what we have said from the start: the vaccine mandate was an improper infringement on our members' right to make personal medical decisions in consultation with their own health care professionals," Lynch said. "We will continue to fight to protect those rights.”
A spokesperson with the city's law department said the Adams' administration would be "immediately appealing this ruling."
"It is at odds with every other court decision upholding the mandate as a condition of employment," the spokesperson added.
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