The judge will review the New York vaccination order for public sector Reuters

By Jonathan Stempel

NEW YORK (Reuters) – A New York judge has scheduled a trial next Tuesday to consider whether New York City has blocked the enforcement of a COVID-19 vaccine order for public sector workers.

In an order issued Tuesday, Judge Frank Nervo of the New York State Court of Manhattan said he would consider whether to issue a temporary restraining order (TRO) in his Dec. 14 ruling.

Nervo has not judged the merits of the mandate. He issued an order on Wednesday to clarify that he had not “given a stay”, that the bad news of the media had sent a TRO. The council says the mandate remains in force.

Mayor Bill de Blasio announced on Oct. 20 that he has ordered a vaccination order for approximately 160,000 New York City public sector workers, including a group of police, firefighters and sanitation workers.

Vaccines were applied for in September by city teachers and health workers, and most have been vaccinated.

About 94% of the city’s 378,000 workers are vaccinated, up from 86% at the end of October, de Blasio’s office said Monday.

On Monday, the mayor said New York City would also require private sector workers to be vaccinated by Dec. 27, the nation’s first mandate affecting about 184,000 businesses.

“The vaccine is the way out of this pandemic,” de Blasio said.

His successor, Eric Adams, will take office in January.

Most courts have dismissed appeals against various immunization orders imposed in New York City and the state.

Last month, a federal appellate court in New Orleans overturned President Joe Biden’s national vaccination order for companies with at least 100 employees.

Biden, de Blasio and Adams are Democrats.

The main prosecutor in the public sector warrant case is Anthony Marciano, a 10-year-old police detective.

He said he had natural immunity after being cured of COVID-19 and that his vaccination required him to violate his constitutional and civil rights.