NY Judge Grants Injunction Against COVID-19 Vaccine Mandate For Health Care Workers

By ABC7NY
Posted on 10/12/21 | News Source: ABC7NY

A federal judge in Utica sided Tuesday with 17 health care workers who object to New York State's vaccine mandate for health workers on religious grounds, granting their request for an injunction that stops the state from enforcing the policy for those who claim a religion-based objection.

"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," Judge David Hurd wrote.

Hurd's preliminary injunction means New York will continue to be barred from enforcing any requirement that employers deny religious exemptions.

Unlike other judges who have heard similar cases about vaccine mandates, Judge Hurd concluded "the public interest lies with enforcing the guarantees enshrined in the Constitution and federal anti-discrimination law" and not the wider public health.

He wrote that the health care workers challenging suing the state were likely to succeed on the merits of their constitutional claim.