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Metro

Hearing set in NYPD detective’s challenge to de Blasio’s vaccine mandate

By
Sam Raskin
Published Dec. 8, 2021
Updated Dec. 8, 2021, 10:09 a.m. ET

A Manhattan judge on Tuesday ordered a hearing in another legal challenge to Mayor Bill de Blasio’s municipal worker COVID-19 vaccine mandate.

In response to a lawsuit brought by NYPD Detective Anthony Marciano, Manhattan Supreme Court Judge Frank Nervo scheduled arguments for next week over whether to pause the controversial City Hall policy.

Marciano, who’s been on the force for 10 years, claims city officials lack the “legal authority” to enact a vaccine mandate, since state lawmakers have not passed laws on it, according to an affidavit filed Monday.

Mayor Bill de Blasio issued a brand new COVID-19 mandate on December 6, 2021 saying that all private-sector employees must be vaccinated.
Mayor Bill de Blasio issued a brand new COVID-19 mandate on December 6, 2021, saying that all private-sector employees must be vaccinated. NYC Mayor
New York Firefighter protest Mayor Bill de Blasio's new COVID-19 mandate forcing workers to get the job or be fired.
New York firefighters protest Mayor Bill de Blasio’s new COVID-19 mandate forcing workers to get the jab or be fired. Robert Miller

The detective also says he has “natural” and “positive” immunity to COVID-19, which he believes is being unfairly “disregarded” by the shot requirement, the filing shows.

In response, Nervo said oral arguments would be heard Tuesday regarding a potential temporary restraining order that would put the mandate on hold.

The inoculation requirement for all city employees except jail workers, announced by de Blasio Oct. 20, went into effect Nov. 1.

Oral arguments in the case are scheduled to begin on December 14 where a temporary halt may be placed on the new mandate.
Oral arguments in the case are scheduled to begin on December 14 when a temporary halt may be placed on the new mandate. Matthew McDermott
Members of the FDNY and NYPD gather outside of Bill de Blasio's home in a rally against the COVID-19 vaccine mandate.
Members of the FDNY and NYPD gather outside Bill de Blasio’s home in a rally against the COVID-19 vaccine mandate. Matthew McDermott
Judge Frank P. Nervo
Judge Frank P. Nervo of the Manhattan Supreme Court set arguments to begin on December 14. Facebook

The suit comes after the city’s largest police union made multiple legal attempts to halt the vaccine mandate for members of the NYPD — all of which have failed as judges have upheld City Hall’s rule. Police Commissioner Dermot Shea for months has supported mandatory vaccines for members of the force.

A lawyer for Marciano claimed victory in the case on Twitter — but a rep for the city Law Department said she misinterpreted the judge’s ruling.

“Judge Nervo has not granted any temporary restraining order,” spokesperson Nicholas Paolucci told The Post.

“To the contrary, in the margin of the Order, and specifying the TRO itself, the Court explicitly writes ‘TRO, if any, to be heard on the argument date,’ namely, at the December 14th in-person appearance directed by the Court.”