These teachers were owed due process."
Michael Kane from the organization Teachers for Choice talked with me about the September 11 New York Court of Appeals hearing in the case of eight NYC teachers who lost their jobs under the Department of Education's vaccine mandate.
He also gave me an update on where Teachers for Choice stands on RFK Jr. backing Donald Trump.
Kane attended the hearing in Albany with other supporters of the eight teachers and led a rally at the courthouse.
Full coverage of the hearing at: https://tinyurl.com/NOYK-CourtofAppeals
"That's not how our system's supposed to work."
Attorney Jimmy Wagner argued for eight NYC teachers at New York State's highest court on September 11.
They're now awaiting a decision that could have far-reaching implications for all kinds of workers protected by state labor laws.
Full coverage: tinyurl.com/NOYK-CourtofAppeals
Either Our Rights Are Absolute, or They're Going to Become Obsolete" Garvey Speaks on Pivotal Case
On April 15, 2024, attorney Chad LaVeglia and an attorney for New York City presented oral arguments at an appeals hearing for Garvey et al v. New York City et al. at a New York State appellate court in Brooklyn.
The City brought the appeal after New York State Supreme Court Judge Ralph Porzio issued an October 2022 decision in favor of 16 Department of Sanitation (DSNY) workers who sued the city after being fired for defying NYC’s COVID-19 vaccine mandate. That decision struck down the mandate, declaring it arbitrary and capricious and unconstitutional, but the orders in Porzio's decision were stayed by the appeal and the workers were not reinstated.
Lead Petitioner-Respondent George Garvey talked with me after the appeals hearing about the case, the lengthy legal process, and where it has left affected workers now.
Watch the oral arguments on the Second Department Appellate Court website: https://cmi.nycourts.gov/vod/WowzaPlayer/ad2/OA_20240415122003.mp4
"We Have to Keep Showing Up" Sujata Gibson Talks Garvey Appeal, Ongoing and New Anti-Mandate Lawsuits
On April 15, 2024, attorney Chad LaVeglia and an attorney for New York City presented oral arguments at an appeals hearing for Garvey et al v. New York City et al. at a New York State appellate court in Brooklyn.
The City brought the appeal after New York State Supreme Court Judge Ralph Porzio issued an October 2022 decision in favor of 16 Department of Sanitation (DSNY) workers who sued the city after being fired for defying NYC’s COVID-19 vaccine mandate. That decision struck down the mandate, declaring it arbitrary and capricious and unconstitutional, but the orders in Porzio's decision were stayed by the appeal and the workers were not reinstated.
LaVeglia's co-counsel Sujata Gibson spoke with me about the case outside the Kings County courthouse after the hearing. She also gave an update on some other major lawsuits against NYC's mandates--and talked about two new cases about to be filed.
Watch the oral arguments on the Second Department Appellate Court website: https://cmi.nycourts.gov/vod/WowzaPlayer/ad2/OA_20240415122003.mp4
"Every One of These People Deserved Their Day in Court Today" Attorneys Talk After Garvey Appeal Hearing
On April 15, 2024, attorney Chad LaVeglia and an attorney for New York City presented oral arguments at an appeals hearing for Garvey et al v. New York City et al. at a New York State appellate court in Brooklyn.
The City brought the appeal after New York State Supreme Court Judge Ralph Porzio issued an October 2022 decision in favor of 16 Department of Sanitation (DSNY) workers who sued the city after being fired for defying NYC’s COVID-19 vaccine mandate. That decision struck down the mandate, declaring it arbitrary and capricious and unconstitutional, but the orders in Porzio's decision were stayed by the appeal and the workers were not reinstated.
Co-counsel Sujata Gibson and Chad LaVeglia both spoke outside the Kings County courthouse after the hearing. They were joined by City workers who are still engaged in legal battles against the mandate, including Michael Kane from the organization Teachers for Choice, and Matt Connor from Bravest for Choice. Kane and Connor talked about current legislative efforts on behalf of workers who lost their jobs under the mandates.
Watch the oral arguments on the Second Department Appellate Court website: https://cmi.nycourts.gov/vod/WowzaPlayer/ad2/OA_20240415122003.mp4
"It Was a Deprivation of Our Constitutional Rights"
Firefighters and EMS workers who were put on leave without pay under New York City's vaccine mandate were back in federal court on Tuesday.
Attorneys made oral arguments at an appellate hearing for Garland et al. v. New York City Fire Department et al. at the U.S. Court of Appeals for the Second Circuit in Manhattan.
The lawsuit, which was dismissed by a district court in March, challenged the unpaid suspensions of FDNY employees on federal due process grounds.
Matt Connor from the organization Bravest For Choice and a plaintiff-appellant in the case spoke with me outside the courthouse after the hearing:
"The Due Process . . . Was a Sham." Attorney Austin Graff Comments on Mandate Lawsuit by NYC Firefighters and EMS Workers
FDNY firefighters and EMS workers who were put on leave without pay under the City's vaccine mandate were back in federal court on Tuesday.
Attorneys made oral arguments at an appellate hearing for Garland et al. v. New York City Fire Department et al. at the U.S. Court of Appeals for the Second Circuit in Manhattan.
Attorney for the plaintiffs-appellants Austin Graff talked with me outside the courthouse after the hearing:
Attorney and writer Addison Reeves, who was fired for not complying with New York State’s C19 vaccine mandate for state agency employees, talked with me about why she defied the mandate and moved out of New York State, and delved into some of the fundamental issues raised by vaccine mandates.
Listen to the full conversation: tinyurl.com/NYMPepisode47
New York Mandate Podcast, Ep. 47: New York State Agency Mandate Dissident Addison Reeves
Michael Kane and Attorney Sujata Gibson Speak after Ruling in DiCapua Lawsuit Against Religious Exemption Denials under NYC DOE Mandate, Staten Island
Michael Kane, a petitioner in the case and founder of Teachers for Choice, introduced petitioners' attorney Sujata Gibson, who spoke about the September 6 ruling.
On September 6, 2023, petitioners in the DiCapua et al v. City of New York et al lawsuit gathered with supporters outside of the Richmond County Courthouse in Staten Island after a hearing in the case where Judge Ralph Porzio ruled on class certification, constitutional claims, and Article 78 claims.
After the hearing, Michael Kane, a petitioner in the case and leader of the organization Teachers for Choice, spoke outside the courthouse and introduced the petitioners' attorney Sujata Gibson, who discussed Judge Porzio's ruling.
The lawsuit was brought by 16 current and former NYC Department of Education employees who were denied religious exemptions under the DOE’s COVID-19 vaccine mandate, as well as the organization Teachers for Choice.
Petitioners, Supporters Hold Prayer Vigil Before DiCapua Class Action Ruling, Richmond County Courthouse, Staten Island
On September 6, 2023, petitioners in the DiCapua et al v. City of New York et al lawsuit prayed with supporters outside of the Richmond County Courthouse in Staten Island before entering the courthouse to attend a hearing in the case.
Michael Kane, a petitioner in the case and founder of Teachers for Choice, led the nondenominational prayer outside the courthouse.
The lawsuit was brought by 16 current and former NYC Department of Education employees who were denied religious exemptions under the DOE’s COVID-19 vaccine mandate, as well as the organization Teachers for Choice.
Garvey v NYC Workers Who Won Suit Against Mandate Talk About Appeal at Staten Island Hearing
On August 14, 2023, at a hearing before New York Supreme Court Judge Ralph Porzio in the Richmond County Courthouse, petitioners' attorney Sujata Gibson presented oral arguments for class-action certification in DiCapua et al v. City of New York et al, a lawsuit brought by NYC Department of Education employees who were denied religious exemptions under the DOE's COVID-19 vaccine mandate.
After the hearing, five of the petitioners from the Garvey et al. v. City of New York et al. lawsuit spoke with me about their own case and how things are going for them as they wait for the legal process to play out. That case was brought against the City's mandate by a total of 16 former Department of Sanitation workers.
The five who attended the DiCapua hearing were there to support the DOE employees. The petitioners in the Garvey lawsuit won their case in a decision by Judge Porzio in October 2022, but the City appealed that decision and the legal process has continued without the petitioners being reinstated or compensated in any way.
