Judge says NYC can move forward with DOE vaccine mandate



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A Manhattan judge lifted a temporary restraining order that prevented the city from enforcing a COVID-19 vaccine warrant for all Department of Education employees.

Judge Laurence Love rejected arguments by a coalition of labor groups that the demand violated their civil rights by removing the TRO published last week.

While Love will make a final ruling later, Wednesday’s ruling indicates he will likely approve the tenure.

The city has set a deadline of September 27 for all 130,000 DOE employees – including 78,000 teachers – to receive at least one dose of the vaccine.

Love’s decision, made on Wednesday afternoon, paves the way for the city to enforce this mandate from Monday.

“This is a great victory for the children of New York City and the employees of the Department of Education,” said DOE spokeswoman Danielle Filson. “Their health and safety are at the very heart of this vaccination mandate, and we are delighted that the court has recognized the City’s legal authority to implement the Health Commissioner’s order effective September 27. “

Anti-vax teachers and other anti-vax groups have gathered in Foley Square in New York City to protest New York City's vaccination mandate on teachers.  ... September 13, 2021
Teachers and anti-vaxx activists gathered in Foley Square in New York City to protest the vaccination mandate on September 13, 2021.
Kevin C. Downs for New York
Anti-vax teachers and other anti-vax groups gathered in Foley Square in New York City to protest New York City's vaccination mandate on teachers.  ... September 13, 2021.
NYC has set a September 27 deadline for all 130,000 DOE employees – including 78,000 teachers – to get at least one jab.
Kevin C. Downs for New York

The DOE said this week that 87% of teachers got the hang of it – leaving more than 10,000 educators unvaccinated with just a few days to spare.

Staff members have the option of obtaining religious or medical exemptions, but sources told The Post this week that these accommodations are granted sparingly.

Those who do not have an exemption and are still not vaccinated on Monday must either take a year of unpaid leave or leave the DOE with severance pay.

Mayor Bill de Blasio reiterated his belief on Wednesday that the city’s schools will not face a staff shortage despite the sheer number of unvaccinated teachers.

Chancellor of Schools Meisha Ross-Porter said the DOE has a battalion of vaccinated surrogates ready to fill the gap if there is a shortage next week.

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