“I reapplied Judge Thomas, who is a strict constitutional lawyer,” said attorney Patricia Finn of the group Make Americans Free Again, in an interview. “I thought his previous opinions were consistent with what I was saying.”
Marciano sued the city last year to challenge a policy requiring city workers to be vaccinated against Covid-19. He did not qualify for religious or medical exemptions, but instead argued that he had acquired immunity through his front-line service and should be free to make his own decision as to whether to get the hit.
His case began in state court and was quickly moved to the federal level. The Second Circuit Court of Appeals denied his request to stay the vaccination warrant while his case unfolds, so he asked the Supreme Court to grant him that injunction or overturn the city’s policy altogether.
The news that Marciano got the ear of the high court came as Adams announced the end of the vaccination mandate for private sector employees and students participating in extracurricular activities on Tuesday. He, however, did not budge on the requirement of city employees.
Finn said the Supreme Court ruling could change that.
“I think the court is waiting for a case like mine,” she said in an interview. “I think they are waiting for someone to address the issue in a very clear and direct way.”
The case, she said, is simple: State and federal laws prohibit vaccination warrants without the informed consent of the recipient. And because Marciano did not consent, according to the suit, his due process rights are violated.
So far, lawsuits against the city’s mandate for city workers have failed, as state and federal courts have affirmed the city’s broad power to enact vaccine requirements.
“The Supreme Court has rejected numerous attempts to have him sue over the vaccine warrant and a number of other courts have upheld the warrant, acknowledging that it saves lives and is a condition of employment,” he said. Mayor’s spokesman Fabien Levy said in a statement. .
On Monday — the same day POLITICO first signaled the mayor’s intention to drop the requirement for vaccines in the private sector — a union umbrella group sent a letter to First Deputy Mayor Lorraine Grillo and Office of Labor Relations Commissioner Renee Campion expressing outrage that the Public Sector Edict would remain intact.
“The government of this city has treated its dedicated public employees – people who, before vaccines were available, still got up in the morning to protect our streets, put out fires, pick up trash, teach our children and provide social services. vital, at risk to their own health – like disposable,” wrote Harry Nespoli, co-chairman of the City Labor Committee, which includes the city’s largest public sector unions.
Greg Floyd, leader of Teamsters Local 237, said he will wait to see if city hall heeds demands from union leaders to apply the same standards to the public sector that the mayor applies to private businesses.
“The first thing we’re going to do is ask to have the same policy for our members who have been terminated, and we’ll go from there,” Floyd said. “And if not, we will consider legal action.”