Posted originally on TrialSite News by Staff onDecember 28, 20214 Comments
In what looks to be a calculated legal maneuver by the outgoing New York City mayor, a hearing is set for December 29th over a lawsuit by a New York Police Detective’s effort to stop Bill de Blasio’s vaccine mandate for municipal workers. The initial filing of the lawsuit was in the New York County Supreme Court, but lawyers for the de Blasio administration had the case moved to federal court. What’s unusual here is that it is standard practice to change court venues before a ruling. However, after NY County Supreme Court Judge Frank Nervo issued a restraining order against de Blasio’s vaccine mandate, lawyers for NY City immediately requested the case be moved to federal court.
As reported in the NY Post, the case involves Detective Anthony Marciano’s claim that New York City officials don’t have the “legal authority” to enact a vaccine mandate since the mayoral decree wasn’t approved by the State. Marciano claims he has natural immunity to covid. The article in the Post says a NY City lawyer claimed the restraining order was “misinterpreted” by Marciano’s attorney and, in fact, is not valid. But the city then moved to have the case heard in federal court.
TrialSite News reported the detective’s lawsuit could be the beginning of several against New York City regarding the mayor’s mandates. However, the city’s legal maneuvering could be a sign New York is looking for federal backup. The federal judge slated to hear the case is Jed Rakoff who, as reported in The New York Times, has a history of ordering vaccinations. In a ruling, Rakoff wrote the unvaccinated pose a danger “given their enhanced risk of infecting other people.” Regarding the Marciano lawsuit, Rakoff could invoke the Public Readiness and Emergency Preparedness Act (PREP), which is an emergency declaration utilizing “countermeasures to diseases, threats, and conditions.” The PREP Act cannot be challenged in court.
Marciano’s attorney, Patricia Finn, claims New York City’s legal move to get the case to federal court “looks like blatant forum-shopping intended to get around Judge Nervo’s TRO (temporary restraining order).” Given this is Bill de Blasio’s last week in office it’s likely the soon-to-be-former mayor’s mandates will be taken up by the incoming Adams administration. Eric Adams is a former New York City police officer.