Children’s Health Defense Claims Victory as New York Supreme Court Upholds Ruling to Rescind COVID Vaccine Mandates for Healthcare Workers

For Immediate Release

Order upholds lower court finding that the mandate was unconstitutional from its inception

Washington, D.C. –  The New York Supreme Court Appellate Division, Fourth Department, last week dismissed an appeal by New York state health officials of the January 2023  ruling by a State Supreme Court Judge striking down the COVID-19 vaccine mandate for the state’s healthcare workers.

“Last week’s ruling is a victory not only for New York’s healthcare workers but for everyone who values the ability to make healthcare decisions for themselves, free from government strong-arm tactics,” said CHD President Mary Holland. “The lower court’s decision stands as the law in New York, holding, among other things, that it is irrational and illegitimate to mandate a vaccine that cannot stop transmission, particularly if the stated purpose is to stop the spread of the disease. This precedent will serve us well in the future if businesses or governments consider new vaccine mandates.”

This latest ruling comes after several previous decisions regarding COVID-19 mandates for healthcare workers in New York that went into effect in September 2021.

On Jan. 13, 2023, Judge Gerard Neri, a Supreme Court Judge in Onondaga County, NY, declared New York’s COVID-19 vaccine mandate for healthcare workers “null, void, and of no effect” and ruled that the New York State Department of Health (NYSDOH) lacked the authority to impose the mandate. On Jan. 24, the state appealed that decision.

In May 2023, during oral argument on the State’s appeal of Judge Neri’s order in Children’s Health Defense’s (CHD’s) lawsuit challenging the vaccine requirement, New York health officials announced plans to repeal the mandate. The CHD lawsuit, filed on Oct. 20, 2022, was on behalf of a group of medical practitioners affected by the mandate. Defendants in the case included the NYSDOH, New York Governor Kathleen C. Hochul and Mary T. Bassett, the state’s health commissioner.

As a result of New York’s COVID-19 mandate for healthcare workers, 34,000 medical workers, or 3.5% of the workforce at the time, quit or were fired instead of getting the shots, causing significant disruption and hardship in the state’s healthcare system.

“This is a major victory that allows thousands of sorely missed doctors, nurses and other medical workers to return to work,” said Sujata Gibson, attorney for the Plaintiffs in CHD’s case on behalf of the healthcare workers. “The decision also sets an important precedent that we can use to protect against future unconstitutional mandates.”

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Children’s Health Defense® is a 501(c)(3) non-profit organization. Our mission is to end childhood health epidemics by working aggressively to eliminate harmful exposures, hold those responsible accountable and establish safeguards to prevent future harm. We fight corruption, mass surveillance and censorship that put profits before people as well as advocate for worldwide rights to health freedom and bodily autonomy.

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