“Any time a group of people stands up for their rights . . . it's always important, even when it doesn't feel like it's accomplishing anything. But then on top of that, we're actually seeing results and we're seeing positive rulings and developments. There's some light at the end of the tunnel, and there's real hope that while maybe not every plaintiff will get what they deserve, the movement as a whole will have made the changes that we needed to see in the law.” - Scott Lloyd
In this episode of the New York Mandate Podcast, I talk with Virginia-based attorney Scott Lloyd, one of the lawyers who recently filed a petition for writ of certiorari with the U.S. Supreme Court in Garland et al. v. New York City Fire Department et al.
The Garland lawsuit was brought by 86 FDNY firefighters and EMS workers who were adversely affected by New York City’s COVID-19 vaccine mandate for municipal workers. A panel of three appellate judges upheld a lower-court decision against them in February of this year, and attorneys Lloyd and Warner Mendenhall filed the SCOTUS petition on behalf of the plaintiffs-appellants in July.
Scott Lloyd talked with me about the key arguments made in the petition, the legal standard it seeks to challenge, and the implications that a Supreme Court decision would have for Garland and other lawsuits related to vaccine mandates.
Here are some links related to things we talked about during the episode:
Petition for Certiorari in Garland v. FDNY
This is the petition filed with the U.S. Supreme Court, asking the justices to review the appellate court decision in Garland v. FDNY.
Ashcroft v. Iqbal
This 2009 Supreme Court decision established the Iqbal standard, holding that plaintiffs’ complaints in federal lawsuits should present a “plausible” claim for relief.
Bravest for Choice
This organization advocates for NYC firefighters, fire inspectors, and EMS workers who were terminated or put on leave because they did not comply with the City’s vaccine mandates.
Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for City Employees and Certain City Contractors
This is the order that former Health Commissioner Dave Chokshi issued on October 20, 2021 requiring New York City municipal employees and contractors to be vaccinated.
Previous coverage of Garland v. FDNY:
About the New York Mandate Podcast
The New York Mandate Podcast is an ongoing series of conversations exploring the costs and consequences of vaccine mandates in New York City. I talk with workers, students, and parents who have been directly affected by the mandates, as well as legal and policy experts.
In late 2021, the City introduced a series of requirements for workers to receive a COVID-19 vaccine. These requirements were put in place through executive orders issued by the administration of former mayor Bill de Blasio. They covered nearly all workers in New York City, in both the public and private sectors. They also barred unvaccinated adults, including parents, from schools.
Current mayor Eric Adams kept the mandates in place until November 1, 2022 for the private sector and February 10, 2023 for City workers, and has encouraged private employers to put their own vaccine requirements in place.
The views expressed in the New York Mandate podcast are the personal opinions of the people speaking, and are not intended to provide medical or legal advice.
Join the Conversation
Have you lost your job, been put on leave, or lost opportunities to work as an independent contractor as a result of your decision not to comply with a vaccine mandate in New York? Did you take a vaccine against your wishes in order to keep your job? Please get in touch with me at NYMpodcast@protonmail.com.
New York Mandate Podcast, Ep. 54: Attorney Scott Lloyd on the Garland v. FDNY SCOTUS Petition