• Home
  • About
    • Authors
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Illinois Network
    • Minneapolis Network
    • Tulsa Network
    • Wauwatosa Network
    • Learn more
  • Training
  • Officer Privacy
  • Jobs
  • Contact
No Result
View All Result
Law Officer
Law Officer
No Result
View All Result

New York City ordered to reinstate all police officers fired over vaccine mandates

The judge ruled that the city overstepped its authority

NYPD SCHOOL SAFETY AGENT

(Pixabay)

September 25, 2022
Law OfficerbyLaw Officer
Share and speak up for justice, law & order...

NEW YORK – A Manhattan supreme court judge ruled on Friday that police officers who were fired because of the city’s COVID vaccine mandate had to be reinstated. The ruling is a a major victory for members of the NYPD’s largest police union.

Manhattan Supreme Court Justice Lyle Frank wrote the reverberating decision, saying the city’s vaccine mandate on the Police Benevolent Association was invalid “to the extent it has been used to impose a new condition of employment” on the union, the New York Post reported.

Furthermore, the mandatory requirement was also invalid since it issued enforcement beyond “monetary sanctions” prescribed in the law, the judge declared.

Frank noted it would be a “gross overstatement” of the city’s Department of Mental Health and Hygiene to claim power to enforce the vaccine mandate through suspension, unpaid leave, or termination.

As a result, the judge ordered reinstatement for all PBA members placed on leave or terminated due to this issue.

PBA President Pat Lynch said the decision confirms what they have maintained from the beginning of the conflict.

“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 in a statement. “We will continue to fight to protect those rights.”

The judge didn’t deny the usefulness of the jab, but simply ruled that employees could not be punished for refusing the injection, according to The Post.

“To be unequivocally clear, this Court does not deny that at the time it was issued the vaccine mandate was appropriate and lawful,” the ruling stated. But the city hadn’t “established a legal basis or lawful authority for the DOH to exclude employees from the workplace and impose any other adverse employment action as an appropriate enforcement mechanism of the vaccine mandate.”

Frank said that any new condition of employment would have to be included in a collective bargaining agreement between a labor union and the city.

The ruling comes on the heels of another favorable decision for NYPD officers as Manhattan Supreme Court Justice Arlene Bluth ruled earlier this month that an NYPD officer who sued over the mandate couldn’t be fired for refusing to get the shot, Law Officer reported. 

Officer Alexander Deletto, who is Catholic, sought a religious exemption, but it was denied by the city Feb. 15, and later shot down on appeal. The only explanation for denial was that it “does not meet criteria,” according to his lawsuit.

The nine-year police veteran filed suit the day before he was set to be fired on Aug. 5 for not complying with the city vaccination policy. A temporary restraining order blocked his termination until the case could be heard, which occurred September 13.

Bluth said Deletto, 43, should be allowed to keep his job in the ruling. Moreover, the judge noted the city really did not provide a reason why his request was denied.

The two rulings could also set precedents for other unions in various city departments since the mandate isn’t codified in their collectively bargained labor deals.

For starters, the two FDNY unions said Friday they’d look to obtain reinstatement for their members who refused to get the shot. Others will likely follow suit.


Share and speak up for justice, law & order...
Tags: Justice Lyle Frankmust-readnew yorknycnypdPat Lynch
Law Officer

Law Officer

Law Officer is the only major law enforcement publication and website owned and operated by law enforcement—for law enforcement and supporters of justice, law, and order. This unique facet makes Law Officer much more than just a publishing company, but a true advocate for the law enforcement profession.

Related Posts

Ian Mitchell

‘Suave New York City conman’ dangles out window of high-rise as FBI serves search warrant

March 22, 2023
Newborn baby

5 kids killed in fiery single-vehicle crash with 16-year-old behind the wheel

March 19, 2023
NYPD female officers

NYPD female officers ‘offended’ and ‘insulted’ by lowering physical fitness standards

March 18, 2023
Nicholas Tartaglione

Ex-cop Nicholas Tartaglione going to trial in quadruple homicide

March 14, 2023
betraying public safety

Betraying Public Safety with Kid-Gloves Hiring Policies

March 10, 2023
Pixabay

After requiring masks, NYC wants them removed because of crime wave

March 6, 2023
Load More

Latest Articles

chief michel moore

Every LAPD undercover officers’ info released; Chief Michel Moore admits gaffe as threats rise

March 25, 2023
Simone Bryna Kim

Unruly airline passenger kicks, scratches, and bites officers as she’s carried off aircraft

March 25, 2023

Wyatt Earp and Memento Mori

March 24, 2023
Corrina Woodhull

Minnesota man viciously stabs wife 20 times during Bible study, killing mother of five

March 24, 2023
domestic violence

Police in the Living Room – Dealing with Domestic Violence Calls

March 24, 2023
Arin Hankerd

Gym teacher arrested for having sex with underage student

March 24, 2023
Load More

Weekly E-Newsletter

Subscribe—and get the latest news and editorials direct from Law Officer each week!

[newsletter_form type="minimal"]

JOIN THE FIGHT

BE COURAGEOUS

FIND MORE…

Law Officer

© 2021 LawOfficer.com

LawOfficer.com

  • Home
  • About
  • Advertise
  • Privacy Policy
  • Corrections
  • Contact

Speak up for justice, law & order

No Result
View All Result
  • Home
  • About
    • Authors
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Illinois Network
    • Minneapolis Network
    • Tulsa Network
    • Wauwatosa Network
    • Learn more
  • Training
  • Officer Privacy
  • Jobs
  • Contact

© 2021 LawOfficer.com