NYC Teachers Who Refused COVID Vaccine Must Get Jobs Back With Back Pay, Judge Rules

A group of teachers in New York City who were fired after they refused to take the COVID vaccine must be given their jobs back along with back pay, a New York judge ruled Wednesday.

State Supreme Court Judge Ralph Porzio ruled that the decision to fire 10 employees of the New York City Education Department and deny them religious exemptions was unlawful, arbitrary, and capricious.

The group of school principals, teachers, and other educators sued the city after they were fired.

“This Court sees no rational basis for not allowing unvaccinated classroom teachers in amongst an admitted population of primarily unvaccinated students,” Porzio wrote in his 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,” the judge wrote.

The 10 public school employees are entitled to their positions plus back pay in salaries, benefits, pensions, and seniority, the court ruled.

New York City’s COVID vaccine mandate for public school workers only ended on February 10. The mandate began on October 1, 2021.

The court’s decision only applies to the 10 educators who sued, but thousands of other education workers lost their jobs due to the vaccine mandate, according to Fox News.

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The petitioners had wanted to make their lawsuit a class action suit, but the judge denied that request. Seven other petitioners were also requesting an exemption along with their jobs back with back pay, but the judge denied their requests. One of those denied was a group called Teachers for Choice, which opposes forced vaccination.

“Although the petitioners’ overall position is that the citywide panel did not provide relief to the vast majority of initial DOE applicants, and specifically that these petitioners did seek that review, the record before this court is insufficient to make any determination as to those claims,” Porzio wrote in his ruling.

The city had argued that “granting reasonable accommodation to classroom teachers could not be done without preventing a risk to the vulnerable and still primarily unvaccinated student population,” according to court documents.

The judge also cited New York City Mayor Eric Adams’ decision to scrap the vaccine mandate for athletes and entertainers as evidence that the vaccine mandate for public school teachers was arbitrary and unreasonable.

The same judge ruled last year in favor of a Staten Island firefighter who was fired for refusing to take the COVID vaccine.

“Hindsight is a powerful tool,” Porzio wrote in that decision. “The pandemic today is not what it was a year, or even two years ago. Being vaccinated does not prevent an individual from contracting or transmitting COVID-19.”

Scores of public and private employers across the country implemented a vaccine mandate for employees when the COVID vaccine became available. Many U.S. workers across industries who requested exceptions for religious or health reasons were denied their requests.

The Biden administration also attempted to require employers with at least 100 employees to require the vaccine, but the Supreme Court blocked that mandate early last year after The Daily Wire and others sued the administration.

Building Utopia: California Billionaires Reveal Blueprint For City Of The Future

What would you do if you had a billion dollars?

Build a new city from scratch, says one cohort of California billionaires.

A group of Silicon Valley elite have been buying up land in Solano County between San Francisco and Sacramento with the dream of building a brand new city.

The idea began with Jan Sramek, 36, a former Goldman Sachs trader who moved to the Bay Area about a decade ago. Sramek “fell in love” with Solano County after going on fishing trips there, and he and his wife recently bought a home in the area where they plan to raise their toddler and new baby on the way.

In the last few years, Sramek’s unassuming company Flannery Associates has spent more than $800 million buying up farms and undeveloped land with the idea of building a new city.

Credit: California Forever

His investors are some of the richest people in Silicon Valley.

The first investment came from Patrick Collison, the Irish chief executive of Stripe, a payments company. Another investment came from the king of venture capital Marc Andreessen of Andreessen Horowitz. Laurene Powell Jobs, the widow of Steve Jobs, and LinkedIn co-founder Reid Hoffman also invested.

The group went about their plan quite secretively until late last month, when The New York Times revealed the investors’ intentions.

Days after the Times shed light on who was behind the project, Sramek’s company debuted a website called “California Forever” explaining the plan for the new city.

“To date, our company has been quiet about our activities,” the website reads. “This has, understandably, created interest, concern, and speculation. Now that we’re no longer limited by confidentiality, we are eager to begin a conversation about the future of Solano County a conversation with all of you.”

The goal, according to the website, is a “new community that attracts new employers, creates good paying local jobs, builds homes in walkable neighborhoods.”

The company is now making the rounds among voters and local politicians, trying to get them on board with the plan.

Originally, the wealthy investor group planned to buy up only about 10,000 acres, but since 2018 their sprawling land grab has gobbled up more than 50,000 acres or 78 square miles in Solano County, an area almost twice as big as San Francisco.

RIO VISTA, CALIFORNIA - AUGUST 29: In an aerial view, windmills are seen near parcels of land that were recently purchased on August 29, 2023 near Rio Vista, California. Silicon Valley investors Michael Moritz, Reid Hoffman, Marc Andreessen and Chris Dixon are backing a company called Flannery Associates that has been buying large parcels of land adjacent to Travis Air Force base approximately 60 miles northeast of San Francisco. Flannery Associates has spent more than $800 million to secure thousands of acres of farmland, often paying over the market rate. The company hopes to convert the rural agricultural land into a community with housing and clean energy infrastructure for tens of thousands of residents. (Photo by Justin Sullivan/Getty Images)

Justin Sullivan/Getty Images

Sramek’s company was more aggressive than simply buying up land too.

In the spring, Flannery made residents bristle when it sued several landowners, accusing them of conspiring to inflate prices. The lawsuit attracted public attention and raised eyebrows about the company’s land buying spree.

Solano County is also home to Travis Air Force Base, and elected officials were alarmed to see the surrounding land being bought up. The land grab even prompted national security concerns that drew an investigation from the FBI and Treasury Department. Both local and federal officials are still skeptical, and some are exasperated.

“The FBI, the Department of Treasury, everyone has been doing work trying to figure out who these people are,” Representative Mike Thompson (D-CA), who represents a large part of Solano County, said last week after meeting with Sramek.

“Their secrecy has caused a lot of problems, a lot of time, and a lot of expense,” Thompson said.

The company has assured that the vast majority of its funding, 97%, comes from American investors, and only the other 3% are investors in the United Kingdom and Ireland.

Credit: California Forever

Another California Democrat, Representative John Garamendi, also met with Sramek recently.

“It was a continuation of my disappointment,” Garamendi said. “It’s very, very clear that they do not have a plan for the 55,000 acres.”

The mayor of one small city in Solano County said she thinks the investors may simply want “to create a city for the elite.”

“Economic blight is everywhere. So why do you need to spend upwards of a billion dollars to create a brand new city when you have all these other things that can be achieved throughout the Bay Area?” said Mayor Princess Washington of Suisun City.

In order to move forward with their grand plans for a new city, investors must win over voters in Solano County. Since the land has been protected from urban sprawl since 1984, voters would have to approve a ballot initiative to allow the land to be rezoned for a city rather than agriculture.

The investors said their plan for a new utopian city could take decades.

Given the massive nature of the project and the skepticism from locals, they have a long road ahead.

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