October 19, 2021

Federal Judge Grants NY Health Care Workers Injunction Against Vaccine Mandate

A federal decide in New York handed down a preliminary injunction towards the state’s vaccine mandate Tuesday. Health care staff will probably be allowed to proceed to get non secular exemptions from the state’s COVID-19 vaccine mandate.

Seventeen unidentified well being care staff sued the state over the mandate. With U.S. District Courtroom Judge David Hurd‘s determination as we speak, the state should proceed to permit non secular exemptions till a closing order is issued or the injunction is appealed.

“There is no adequate explanation from defendants about why the ‘reasonable accommodation’ that must be extended to a medically exempt health care worker under 2.61 could not similarly be extended to a healthcare worker with a sincere religious objection,” the decide wrote in his determination.

The mandate requires all nursing residence, hospital, and different well being care staff to get the shot or be out of a job. Previous to the injunction, it allowed for medical exemptions solely. Nevertheless, the unique draft of the mandate allowed for non secular exemptions as nicely. It was eradicated in a revised draft issued on August 26 by the state Public Health and Health Planning Council.

Within the lawsuit, the 17 well being care staff claimed that the Pfizer and Moderna vaccines “were tested, developed or produced with fetal cell lines derived from procured abortions.” Receiving the shot would violate their non secular beliefs.

The state argued that permitting a non secular exemption would undermine the trouble to maintain the general public secure amid the continued coronavirus pandemic.