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A group of small businesses is suing New York City, hoping to end the city’s nation’s first vaccination mandate for restaurants, gyms and other indoor public places.
The lawsuit, filed Tuesday in the Richmond County Supreme Court, has the support of prominent Republican elected officials, including Representative Nicole Malliotakis and Joe Borelli, a member of city council; both represent Staten Island.
The city requires customers and employees of restaurants and some other businesses to show proof of vaccination. Complainants say the city unfairly targets struggling businesses during the pandemic and that there should be exemptions for people with certain medical conditions or religious beliefs.
Mayor Bill de Blasio argued that the vaccine’s mandate and other measures are needed to curb a troubling increase in coronavirus cases, due in part to the more contagious Delta variant, and to encourage more New Yorkers to to get vaccinated. New cases in the city have reached an average of more than 1,700 per day, up from around 250 per day in early July. About 68 percent of the city’s adult residents are fully immunized.
The city’s vaccination mandate went into effect on Tuesday and applies to various businesses.
“The decree has made it impossible for anyone who chooses not to be vaccinated, for whatever reason, to work in the designated industries, completely depriving them of their livelihood,” the lawsuit said.
Andrew Giuliani, a Republican running for governor, said he supports the lawsuit and companies should be able to set their own rules.
The plaintiffs include Deluca’s Italian restaurant in Staten Island, Pasticceria Rocco in Brooklyn, and Staten Island Judo Jujitsu.
New York City’s mandate is similar to the one approved in France last month that sparked widespread protests. The app by city health officials won’t begin in New York until September 13, when the city’s public schools are expected to reopen.
The lawsuit argues that the warrant unfairly applies to restaurants but not to other indoor places like hair salons, office buildings or places of worship. Republicans also say the rules are too hard to enforce for small businesses.
“It is beyond ridiculous that the government is asking these already struggling small business owners to be the city’s ‘vaccine police’,” Malliotakis said in a statement.
Mr de Blasio said on Wednesday he was confident his decree would stand up to legal challenge.
“I had the conversation with the legal department – tremendous confidence that we are in a very strong legal position,” said de Blasio. “We are still in a global pandemic. The decisions that were made were made with the leadership of our health officials who have been fighting this battle from the start. “
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