De Blasio sued by restaurants and businesses for vaccine mandate

A group of restaurants and businesses have filed a lawsuit against Mayor Bill de Blasio in opposition to a warrant requiring proof of vaccination at city restaurants, gyms, movie theaters and other establishments, according to new court documents.

The companies say the warrant violates their constitutional rights and unfairly targets some establishments but not others such as churches, grocery stores, schools, offices and medical facilities, according to the lawsuit filed Tuesday in the Staten Island Supreme Court.

The lawsuit says the warrant is “arbitrary and capricious” for many reasons, including that the highly contagious variant of COVID-19 Delta can spread to both vaccinated and unvaccinated people, according to court documents.

The mandate also does not provide for certain exceptions for getting vaccinated, such as those who have already contracted the virus; those who are allergic to the ingredients of the vaccine; those with pre-existing conditions that make obtaining the vaccine risky; and those whose religious beliefs prevent them from obtaining it, argues the case.

“The decision to get the vaccine should ultimately rest with the individual and their doctor, who knows that person’s full medical history, rather than a politician,” the court documents say.

In addition, the emergency ordinances have been in force for nearly two years and instead of softening, “the mayor has implemented even more arbitrary decrees, more recklessly trampling on constitutional rights,” the prosecution accuses.

The warrant also threatens people’s livelihoods, making it “impossible for anyone who chooses not to be vaccinated for whatever reason to work in designated industries,” court documents say.

The lawsuit is asking a court to block the vaccination warrant by issuing a preliminary injunction.

As part of the vaccination requirement, known as the Key to NYC, the city will begin imposing fines on indoor establishments that do not enforce the vaccination mandate starting September 13. The fines for the first offense will be $ 1,000 and the fines for the second offense will be $ 2,000.

In a press conference on Wednesday, de Blasio said he and the city’s legal department had “very high confidence that we were in a very good legal situation”.

“We are still in a global pandemic,” he said, noting that the decision was made with advice from health officials.

“We know we need to get more people vaccinated,” de Blasio said. “Focusing strategically on ways to get more people vaccinated – especially young people, where there has been a real gap – so that we can stop the spread of the Delta variant is mission critical. “

“It’s a matter of public health and safety. We are absolutely certain that this is the way to achieve these goals, ”said de Blasio. “Do it in a smart, fair, data-driven and science-based way. “