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NYC Indoor Venue Vaccine Order Class Action Lawsuit Overview:
- Who: New York City residents and venue owners were denied injunctive relief against the city.
- Why: The group claimed the city’s emergency orders that bar unvaccinated people from spending prolonged periods of time in covered spaces violated their constitutional rights.
- Where: New York City
Emergency orders in New York City that bar unvaccinated people from spending prolonged periods of time in covered spaces have been upheld by a federal judge, who denied a preliminary injunction called for by a group of NYC residents and businesses.
U.S. District Judge Brian Cogan denied the injunction in a motion saying that claims made by the group – which includes the Independent Restaurant Owners Association Rescue and Salty Dog Restaurant – were unlikely to succeed on the merits.
The group argued the city’s executive orders barring “covered entities” from allowing unvaccinated people inside for prolonged periods of time violates their Thirteenth and Fourteenth Amendment rights, as well New York State law.
However, Cogan wrote that New York City Mayor Bill de Blasio has the authority to act decisively to ensure the city’s safety during a public health crisis.
“Thus, although plaintiffs’ constitutional claims demonstrate de facto the potential for irreparable harm, the underlying merits of plaintiffs’ claims and the equities at stake do not meet the high bar required for this court to issue a preliminary injunction,” the order stated.
The executive orders say that indoor entertainment and recreational settings, indoor food services, and indoor gyms and fitness settings cannot let in any patrons, full- or part-time employees, interns, volunteers, or contractors without displaying proof of vaccination.
The plaintiffs said the orders violate their rights as stated in the Fourteenth Amendment’s Equal Protection clause, because they pose specific harm to the liberty interest of African Americans and Hispanics.
They added the orders infringe on their liberty interests including freedom of religion, freedom of bodily health and integrity, freedom of association, freedom to pursue a private professional career of one’s choice, and freedom to raise one’s children.
They further argued that the mayor lacks the legal authority under New York law to issue and enforce these EEOs, amongst other claims.
Cogan said the equal protection claim fails because the plaintiffs did not show that the EEOs target a protected Class, are the result of animus, or are not rationally related to a legitimate government interest.
“Plaintiffs’ position is unable to withstand the simple observation that all unvaccinated individuals, regardless of race, religion, or national origin, are treated the same under these EEOs,” Cogan wrote in the order.
“Thus, the EEOs are both facially neutral and not applied in a discriminatory fashion against the claimed Class. Any African American or Hispanic individual has a right to access a ‘covered premise,’ if that individual has documents showing they are vaccinated. The same is true for any other individual in New York City.”
Similarly, Cogan said the other claims made by the group did not have standing, adding that not all rights were entitled to protection – only rights that are fundamental or implicit in the concept of ordered liberty are accorded protection as a matter of substantive due process.
“The EEOs not only attempt to reduce the risk that unvaccinated individuals will contract and spread the disease, but also ensure that New York City’s healthcare system is not overwhelmed. “
In September, the New York City teachers’ unions succeeded in blocking a vaccine mandate for staff working at New York City public schools, being granted a last-minute restraining order by a federal appeals court.
The mandate required all public school employees to receive at least one dose of the COVID-19 vaccine by Sept. 27. However, on Sept. 10, New York City was hit with two class action lawsuits over the mandate from a slew of unions — including District 37, the United Federation of Teachers and Teamsters Local 237 — alleging their rights were being violated.
What do you think of New York City’s executive orders requiring diners and entertainment-goers to be vaccinated to spend time inside venues? Let us know in the comments section!
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One thought on NYC Indoor Venue Vaccine Order Survives Lawsuit Alleging Racial Discrimination and Liberty Infringement
Its discriminatory and should be reversed, since its becoming clearly evident that vaccinated people can spread covid are shedding and can pass it to any unvaccinated individuals. Being vaccinated does not keep from spreading it so why are unvaccinated people regardless of race being prevented from enjoying the same liberties as vaccinated people? If we are allowed to be in NYC subways for hours and busses and big box stores why cant we go to gyms indoor dining bars and concerts ??