CHD Responds to New York State’s Decision to End COVID Vaccine Mandate for Healthcare Workers

For Immediate Release

Rochester, NY  — On Wednesday morning, an appellate court was scheduled to hear oral arguments on New York State’s (NYS) appeal of a Children’s Health Defense (CHD) sponsored lawsuit regarding the Jan. 13 decision by New York Supreme Court Judge Gerard Neri who struck down New York’s COVID-19 vaccine mandate for healthcare workers as unconstitutional and therefore null, void and unenforceable. Instead of the expected argument on the merits of the case, attorneys for the State announced they intend to drop that mandate, asking the court to withdraw their appeal but still overturn the lower court’s decision — without looking at the merits on the grounds that it is now moot.

Attorneys for the Plaintiffs opposed this offer from the state because it opens the possibility that this constitutional violation could happen again and ruin many more lives.

“This is a clear sign of the strength of the lower court victory where the mandate was rescinded and ruled unconstitutional,” said Sujata Gibson, lead attorney for the Plaintiffs. “The law does not allow an agency to voluntarily stop an illegal activity and then claim they shouldn’t be held legally accountable.”

“Accountability is critical here. The lives of over 30,000 healthcare workers were devastated by this mandate,” said CHD Acting General Counsel Kim Mack Rosenberg. “Judge Neri’s well-reasoned decision was a significant victory for those workers that New York State would like to sweep under the rug. That is not acceptable.”

According to Gibson:

“NY State misrepresented itself in court on Wednesday by not clarifying the lengthy process required to rescind the mandate. A public comment period and hearings need to take place for the mandate to be rescinded.

“Moreover, there has been no official announcement. The attorney for the state has asked the court to take them at their word that they will eventually rescind the mandate.”

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