Connect with us

Politics

NYC teachers win jobs back with backpay after refusing COVID-19 vaccine

Source image: https://www.foxnews.com/politics/nyc-teachers-win-jobs-back-backpay-refusing-covid-19-vaccine

A New York judge said Wednesday that 10 employees fired by the New York City Department of Education for refusing the COVID-19 vaccine must be reinstated with backpay.

In a major victory for vaccine mandate opponents, State Supreme Court Judge Ralph J. Porzio held that the City’s denials of religious accommodation to certain employees were unlawful, arbitrary and capricious. The case, DiCapua v. City of New York, concerned school principals, teachers and other educators who sued after city officials rejected their claims for a religious exemption to the vaccine mandate. 

“This Court sees no rational basis for not allowing unvaccinated classroom teachers in amongst an admitted population of primarily unvaccinated students,” Porzio wrote in a 22-page opinion. “As such, the decision to summarily deny the classroom teachers amongst the Panel Petitioners based on an undue hardship, without any further evidence of individualized analysis, is arbitrary, capricious, and unreasonable. As such, each classroom teacher amongst the Panel Petitioners is entitled to a religious exemption from the Vaccine Mandate.” 

ADAMS LIFTS COVID VACCINE MANDATE FOR MOST NYC WORKERS, BUT THOUSANDS FIRED WON’T AUTOMATICALLY GET JOBS BACK

NYC Municipal workers protest vaccine mandate on Brooklyn Bridge

Municipal workers of the city march across Brooklyn bridge and rally at City Hall Park against vaccination mandate on October 25, 2021. (Lev Radin/Pacific Press/LightRocket via Getty Images)

New York City’s vaccine mandate for all Department of Education (DOE) workers was in effect from Oct. 1, 2021, to Feb. 10, 2023. Thousands of teachers and other education workers lost their jobs under the policy for refusing to comply with the mandate. 

Sujata Gibson, lead attorney for the plaintiffs, celebrated the victory as a “watershed moment in the teachers’ two-year fight for relief,” according to a news release by Children’s Health Defense, a nonprofit founded by vaccine skeptic and Democratic presidential candidate Robert F. Kennedy Jr.

“The Court’s decision not only grants relief to these ten teachers, but it also sets important precedent for all other teachers denied religious accommodation,” Gibson said.

NEW YORK SUPREME COURT REINSTATES ALL EMPLOYEES FIRED FOR BEING UNVACCINATED, ORDERS BACKPAY

NYC Teachers Demonstrate For Increased Covid Measures Outside The United Federation of Teachers Headquarters

A New York City public school teacher holds a sign at a rally demanding increased COVID-19 safety measures and a remote learning option on January 10, 2022 in New York City. (Scott Heins/Getty Images)

Porzio’s ruling in favor of the fired educators did not extend to petitioners who had not initially applied for a religious accommodation under the city’s vaccine mandate, which a federal court struck down as unconstitutional in 2021. 

“The Court agreed that employees were not required to submit applications through the prior unlawful process but still declined to award relief to those plaintiffs on the grounds that there were contested issues of fact as to whether these plaintiffs submitted applications under the new process,” said Gibson. “This is an error, and we will be making a motion to reargue on their behalf.”

The court also rejected plaintiff motion for class certification, stating that the proposed class was “overbroad.”

TWO REPUBLICANS WANT TO FORCE BIDEN ADMIN TO RELEASE ALL THE RECORDS ON COVID-19’S ORIGIN

A NYC healthcare worker administers a COVID-19 shot

A healthcare worker administers a dose of the Pfizer-BioNTech Covid-19 vaccine to a student during a ‘Vax To School’ campaign event at a high school in the Staten Island borough of New York, U.S., on Tuesday, Aug. 10, 2021. Anthony Fauci, the top U.S. infectious disease expert, said state and local governments should require teachers to get vaccinated against Covid-19. Photographer: Jeenah Moon/Bloomberg via Getty Images (Jeenah Moon/Bloomberg via Getty Images)

“The judge’s ruling yesterday, while not everything we wanted, is a precedent-setting victory,” said Gibson. “The court’s ruling in the class certification still leaves the door open to future relief for thousands of teachers negatively affected by the vaccine requirement. We intend to file a motion of reconsideration on a narrower basis. Rather than waste public resources clogging the courts with so many individual lawsuits, legal action that will remedy these discriminatory policies for all impacted workers only makes sense.”

The New York City Department of Education and the mayor’s office did not immediately respond to requests for comment.

CLICK HERE TO GET THE FOX NEWS APP

“Today’s ruling is bittersweet,” said Michael Kane, a New York teacher who lost his job after refusing the COVID-19 vaccine. “While it’s an important step in the right direction, justice for only ten of us doesn’t even scratch the surface of the injustice suffered by NYC workers as a result of this illegal mandate.”

Source: https://www.foxnews.com/politics/nyc-teachers-win-jobs-back-backpay-refusing-covid-19-vaccine

Politics

New York Gov Hochul wants to ‘limit’ who crosses border, says it’s ‘too open right now’

Democrat New York Gov. Kathy Hochul on Sunday called on Congress to “limit” who crosses the border, saying it’s “too open right now.”

Ironically repeating what congressional Republicans have long demanded from the Biden administration, Hochul made the plea during an appearance on CBS’s “Face the Nation.”

CBS host Margaret Brennan noted there were no border provisions in the federal spending deal struck by House Speaker Kevin McCarthy this weekend to avoid a government shutdown, asking Hochul what she would want Congress to get done in the next 45 days.

“Well, shame on Speaker McCarthy and the Republicans in Congress, including the nine from New York State, who are complaining like crazy about the migrants but refuse to work with President Biden and come up with a sensible border strategy. It can be done. This can be done in a bipartisan way. Comprehensive immigration reform,” Hochul began before Brennan interjected by asking what she was specifically wanting from Congress to address the migrant crisis in her state.

DEMOCRAT GOV KATHY HOCHUL CALLS IN NATIONAL GUARD AMID NEW YORK’S WORSENING MIGRANT CRISIS

Kathy Hochul press conference

New York Gov. Kathy Hochul demands “comprehensive immigration reform.” (Lev Radin / Pacific Press / LightRocket via Getty Images / File)

“Well, we want them to have a limit on who can come across the border. It is too open right now,” Hochul said. “People coming from all over the world are finding their way through simply saying they need asylum. And the majority of them seem to be ending up in the streets of New York. And that is a real problem for New York City, 125,000 newly arrived individuals. And we are being taxed.”

“We are always so proud of the fact that New York has the Statue of Liberty in our harbor. We are one of the most diverse places on Earth because of our welcoming nature, and it’s in our DNA to welcome immigrants. But there has to be some limits in place. And Congress has to put more controls at the border and not in this budget threat, shutdown threat, talk about eliminating positions for Border Patrol when we actually need to double or quadruple those numbers. So, get back to work and do your jobs,” the governor added.

National Guard troops address migrant crisis

A migrant shows his documents to Army servicemen at the entrance to the Roosevelt Hotel, converted into a city-run shelter for newly arrived migrant families, in New York City on Sept. 27, 2023. (Selcuk Acar / Anadolu Agency via Getty Images)

ADAMS REACTS TO BIDEN ADMIN LEGALIZING THOUSANDS OF MIGRANTS AFTER SAYING CRISIS WILL ‘DESTROY’ NYC

Several critics online unleashed on Hochul for apparently changing her tune since espousing New York as a sanctuary state and encouraging people to come in 2021.

More than 125,000 migrants have since arrived in New York City since last year, and Hochul recently secured a deal with the Biden administration to expedite work authorizations and delayed deportations for Venezuelans seeking asylum. Hochul activated an additional 150 National Guard members last week to address the migrant crisis and help with case management to get asylum seekers work permit. The move increased the total number of National Guard troops dedicated to the mission to 2,200.

NYC migrant lines

Migrants line up in front of the Roosevelt Hotel, converted into a city-run shelter for newly arrived migrant families, in New York City, on Sept. 27, 2023. (Selcuk Acar / Anadolu Agency via Getty Images)

CLICK TO GET THE FOX NEWS APP

Yet New York City Mayor Eric Adams, whose relationship has soured with fellow Democrat Biden by repeatedly demanding more federal assistance on the migrant crisis over the past several months, has said the more new waves of arriving migrants are from African nations, China and even Russia, indicating a potential growing security risk compared to the initial influxes from Latin America. Adams is pushing a controversial “decompression strategy” to resettle migrants outside the city.

Continue Reading

Politics

Gaetz slammed for bailing out Dems in budget battle, giving them potential leverage in ousting speaker

A bid by Rep. Matt Gaetz, R-Fla., to remove House Speaker Kevin McCarthy, R-Calif., has earned scorn from some fellow Republicans, who fear the Florida lawmaker is handing leverage to Democrats in the continuing battle over the budget.

“The only way he can be successful is if he has 200 plus Democrats,” Rep. Jason Smith, R-Mo., said during an appearance on “Sunday Morning Futures” with host Maria Bartiromo. “Basically, Gaetz is going to work with Nancy Pelosi, Hakeem Jeffries, and the rest of the Democrats in order to remove the Republican speaker… If you remove a Republican speaker, that then puts the Democrats in power, these investigations will be done and stalled. That is unacceptable of Matt Gaetz.”

Smith’s comments come after the House passed a continuing resolution Saturday that will fund the government at current levels through mid-November, angering some Republicans who believe the measure is a violation of GOP promises to pass 12 individual spending bills that prioritize conservative polices.

MCCARTHY’S SPEAKERSHIP IN PERIL AFTER HOUSE PASSES STOPGAP FUNDING BILL: ‘GO AHEAD AND TRY’

Gaetz and AOC split image

Rep. Matt Gaetz and Rep. Alexandria Ocasio-Cortez (Ricky Carioti/The Washington Post via Getty Images | Kevin Dietsch/Getty Images)

One such Republican was Gaetz, who opposed the resolution and threatened to trigger a House-wide vote on whether to remove McCarthy from the speakership.

Under the terms of a deal McCarthy struck with conservatives during the vote that elevated him to speaker, any lawmaker is allowed to trigger a vote, known as a motion to vacate, and attempt to remove him from the speakership.

“The one thing everyone seems to have in common is no one trusts Kevin McCarthy,” Gaetz told reporters Saturday. “I’ve said that whether or not Kevin McCarthy faces a motion to vacate is entirely within his control, because all he had to do was comply with the agreement that he made with us in January.”

Rep. Mike Lawler, R-N.Y., called Gaetz’s comment on removing McCarthy a “diatribe of delusional thinking” during an appearance on ABC’s “This Week” Sunday, noting that the government is currently divided and any bill the House hopes to pass will have to gain support from both the Senate and President Biden.

House Speaker Kevin McCarthy

Speaker of the House Kevin McCarthy (AP Photo/J. Scott Applewhite)

HOUSE ADOPTS ‘CLEAN’ STOPGAP FUNDING BILL AVERTING SHUTDOWN

“When you’re trying to break the system, when you’re trying to reform it, it takes time,” Lawler said. “The only responsible thing to do was to keep the government open and funded while we complete our work.”

While Lawler acknowledged that he shares the Florida lawmaker’s concerns about current spending levels, he argued that putting a motion to vacate on the House floor would “delay the ability to complete” GOP efforts to pass a more conservative budget “over the next 45 days.”

Sen. MarkWayne Mullin, R-Okla., tore into Gaetz during a Sunday interview on “FOX & Friends Weekend,” saying the only thing he cares about is “self-promotion.”

“Well, Matt Gaetz is not a principle guy. He’s not a policy guy. He’s about self-promotion. It’s all about Matt Gaetz. And he’s accusing Speaker McCarthy of working with the Democrats, which the irony of this is the only way he can possibly remove Speaker McCarthy is that he has to work with the Democrats,” Mullin said. “And Speaker McCarthy will have 200 votes all day long and probably more from the Republicans. So that means the most he’s going to get is 20. So he’s going to have to work with 198 Democrats to remove the House Republican speaker.”

“Matt Gaetz is all about himself,” Mullin continued. “Remember, none of the networks would give him the time of the day after he was accused of sleeping with the underage girl and now all of a sudden he’s found his fame because he opposes Speaker McCarthy and he’s going to ride this horse as long as he can.”

Rep. Gaetz has repeatedly denied this allegation and the Justice Department “confirmed to Congressman Gaetz’s attorneys that their investigation has concluded and that he will not be charged with any crimes,” according to a statement previously given to Fox News Digital.

Rep Gaetz and Sen Mullin

Sen. MarkWayne Mullin, right, blasted Rep. Gaetz during a Sunday morning interview, saying the only thing he cares about is “self-promotion.” (Tom Williams/Al Drago)

Former GOP House Speaker Newt Gingrich took to X, formerly known as Twitter, to ask whether Gaetz is “secretly an agent for the Democratic Party.” 

“No one else is doing as much to undermine, weaken and cripple the House GOP,” he added.

Rep. Greg Landsman, D-Ohio came to the defense of the center right Republicans arguing that Gaetz was only attempting to make himself “the center of attention.”

“Every time we all work together, he loses his mind. He doesn’t want the center left and center right to work together because he has to be the center of attention,” Landsman said in a statement posted to X. “When we do, he creates chaos to grab attention back. Matt Gaetz has no interest in governing. This is all about TV appearances for him. If he says it’s for any other reason, he’s lying. Just let us govern, which is what most of us came here to do.”

GAETZ BLOWS UP AT MCCARTHY IN CLOSED-DOOR HOUSE GOP MEETING: ‘FIREWORKS’

Some Democrats struck a celebratory tone after the continuing resolution cleared the House Saturday, with Rep. Alexandria Ocasio-Cortez, D-N.Y., taking to X to boast the party had “stripped” GOP efforts to make cuts to Social Security.

“We just won a clean 45 day gov extension, stripped GOP’s earlier 30% cuts to Social Security admin etc, staved off last minute anti-immigrant hijinks, and averted shutdown (for now),” Ocasio-Cortez said. “People will get paychecks and MTG (Marjorie Taylor Greene) threw a tantrum on the way out. Win-win.”

AOC

Rep. Alexandria Ocasio-Cortez (Tom Williams/Getty Images)

Meanwhile, McCarthy downplayed fears while speaking to reporters Saturday.

“I never fear of that. But if I lose my job over looking out for the American public, for taking a stand for our troops and our border agents, then I’m not quite sure what people want. Because this allows us the time to get the job done,” McCarthy said. “If somebody wants to remove me from putting Americans first, then so be it.”

During an interview on ‘Face the Nation” Sunday, McCarthy said he will “survive” and Gaetz is “more interested in securing TV interviews.”

“Let’s get over with it. Let’s start governing. If he’s upset because he tried to push us into a shutdown and I made sure government didn’t shut down, then let’s have that talk,” McCarthy said.

CLICK HERE TO GET THE FOX NEWS APP

For his part, Gaetz argued in comments to reporters Saturday that he was not focused on removing McCarthy, instead saying he will continue efforts to pass conservative budget bills.

“Right now, my focus is not on the motion to vacate. My focus is on averting a shutdown by passing these bills,” Gaetz said. “And if we do have a shutdown, which may be the case, I certainly want it to be as short and painless as possible.”

The offices of Gaetz and McCarthy did not immediately respond to a Fox News Digital request for comment.

Continue Reading

Politics

Rep. Bowman shocks media, conservatives with ‘garbage’ statement after pulling fire alarm

Rep. Jamaal Bowman, D-N.Y., stunned conservatives and members of the media on Sunday after releasing multiple statements about pulling the fire alarm in a congressional office building. 

Bowman pulled the alarm on Saturday while lawmakers were voting on a bill to avoid a government shutdown. Bowman said in a statement that he was rushing to cast his vote on the bill. 

Bowman’s chief of staff, Sarah Iddrissu, said that Bowman “didn’t realize” he would trigger an alarm. 

“Congressman Bowman did not realize he would trigger a building alarm as he was rushing to make an urgent vote,” Iddrissu wrote on X, formerly known as Twitter. “The Congressman regrets any confusion.”

Rep. Jamaal Bowman

U.S. Representative Jamaal Bowman speaks at Grammys On The Hill: Advocacy Day on April 27, 2023, in Washington, D.C.  ((Photo by Leigh Vogel/Getty Images for The Recording Academy))

SENATE PASSES STOPGAP MEASURE IN 88-9 VOTE, AVERTING SHUTDOWN WITH THREE HOURS TO SPARE

Bowman posted another statement to X Saturday evening and again said he believed it would have opened the door.

“I want to personally clear up confusion surrounding today’s events. Today as I was rushing to make a vote, I came to a door that is usually open for votes, but today would not be open. I am embarrassed to admit that I activated the fire alarm, mistakenly thinking it would open the door,” Bowman said, apologizing for any confusion. 

He said that he did not intend to delay the vote, insisting it was the exact opposite. 

Rep. Ralph Norman, R-S.C., said the statement put out by Bowman’s chief of staff was “complete garbage.”

“He did not realize deliberately pulling a fire alarm would … trigger a fire alarm. This statement is complete garbage,” he wrote.

Another Republican member of congress said the statement was “proof” of how far Democrats were willing to go in order to force a shutdown, while others doubted the excuse Bowman gave. 

DEMOCRAT SENATOR TEMPORARILY HELD UP STOPGAP VOTE HOURS BEFORE SHUTDOWN OVER UKRAINE FUNDING

Real Clear Politics’ Mark Hemingway said the statement was a “blatant lie” and deserved to be treated as such.

Other commentators described it as the “worst statement ever” and questioned how Bowman could claim to have set the alarm off by “mistake.”

Florida GOP chair Christian Ziegler, the chair of Florida’s GOP, noted Bowman was a school principal and argued that his staff was lying. 

Rep. Alexandria Ocasio-Cortez, D-N.Y., also attempted to explain the incident on Sunday during an interview with CNN’s Jake Tapper, who said Bowman’s explanation made no sense. 

Bowman pulling fire alarm

Bowman appeared to pull the alarm on Saturday as Republicans began voting on the stopgap bill to avert a government shutdown. (U.S. Capitol Police)

HOUSE ADOPTS ‘CLEAN’ STOPGAP FUNDING BILL AVERTING SHUTDOWN

“I think there’s something to be said that the government’s about to shut down, there’s a vote clock that’s going down, the exits that are normally open in that building were suddenly closed…” Ocasio-Cortez began to explain.

Tapper interjected and asked, “So he pulled the fire alarm?”

Ocasio-Cortez went on to suggest it was just a misunderstanding and said Bowman was cooperating with Capitol police. 

CLICK TO GET THE FOX NEWS APP

Fox News’ Stephen Sorace contributed to this report.

Continue Reading

Trending