In this episode of the New York Mandate podcast, I talk with civil rights attorney Sujata Gibson, who is representing plaintiffs in two lawsuits opposing New York City vaccine mandates, Kane v. de Blasio and New Yorkers for Religious Liberty v. The City of New York.
The plaintiffs are former NYC teachers and other municipal employees whose employment was terminated because they did not comply with the city’s COVID-19 vaccine mandate, and their applications for religious exemptions were denied.
Gibson talked with me about those cases, how mandates fit into the legal landscape, and how exemptions are being handled.
We also talked about the precedents that current vaccine mandates follow and might set, the constitutional issues involved, and how international legal and ethical principles come into play.
Here are some links related to things we talked about during the episode:
Kane v. de Blasio
Sujata Gibson is representing plaintiffs in this lawsuit.
New Yorkers for Religious Liberties, Inc. v. The City of New York
Sujata Gibson is representing plaintiffs in this lawsuit.
Jacobson v. Massachusetts
This 1905 Supreme Court case upheld the authority of states to enforce compulsory vaccination laws.
Buck v. Bell
In this 1927 case, the Supreme Court ruled that a state statute permitting compulsory sterilization of the “unfit” did not violate the Due Process Clause of the Fourteenth Amendment.
Nuremberg Code
This internationally recognized set of ethical principles for human medical experimentation was established after the Second World War.
Announcement of NYC Department of Education Employee Vaccine Mandate
This is the August 23, 2021, announcement of the vaccine mandate for New York City Department of Education employees by then Mayor Bill de Blasio, Schools Chancellor Meisha Porter and Health Commissioner Dave Chokshi.
Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for City Employees and Certain City Contractors
This is the order that former Health Commissioner Dave Chokshi issued on October 20, 2021 requiring New York City municipal employees and contractors to be vaccinated.
Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination in the Workplace
This is the order that former Health Commissioner Dave Chokshi issued on December 13, 2021 requiring all workers in New York City who work in a workplace or interact with other workers or the public to be vaccinated.
NYC Vaccination Requirement: Workplaces
This is where you can find current information on New York City’s workplace vaccination requirements.
About the New York Mandate Podcast
The New York Mandate Podcast is an ongoing series of conversations exploring the costs and consequences of vaccine mandates in New York City. I’ll be talking with workers who have been directly affected by the mandates, as well as legal and policy experts.
In late 2021, the city introduced a series of requirements for workers to receive a COVID-19 vaccine. These requirements were put in place through executive orders issued by the administration of former mayor Bill de Blasio.
Current mayor Eric Adams continues to support the mandates, and they now extend to most working people in the city of New York. Private sector employers are required to affirm that their employees have been vaccinated, and public sector employees of city agencies have been terminated or put on unpaid leave for failing to comply with the vaccine requirement.
The views expressed in the New York Mandate podcast are the personal opinions of the people speaking, and are not intended to provide medical or legal advice.
Join the Conversation
Have you lost your job, been put on leave, or lost opportunities to work as an independent contractor as a result of your decision not to comply with a New York vaccine mandate? Did you take a vaccine against your wishes in order to keep your job? Please get in touch with me at NYMpodcast@protonmail.com.
New York Mandate Podcast, Ep. 6: Attorney Sujata Gibson