UPDATE: The next hearing date has been moved to July 18 at noon.
Attorney Sujata Gibson argued against a motion by the City to dismiss DiCapua et al v. City of New York et al today in Judge Ralph Porzio’s Staten Island courtroom. This lawsuit was brought by 14 current and former NYC Department of Education employees who were adversely affected by the DOE’s COVID-19 vaccine mandate, as well as the organization Teachers for Choice.
The case is a proposed class action lawsuit, and in the hearing today, Judge Porzio set a June 2 date to deliver his decision on the motion to dismiss and, assuming the case is not dismissed, hear arguments on class action certification. If DiCapua is certified as a class action lawsuit, its outcome would apply to many current and former DOE employees beyond the named petitioners.
Gibson talked with me about the case outside of the courthouse today in the video above. She also announced that she will be joining attorney Chad LaVeglia to fight the City’s appeal of the Garvey decision that handed a victory against the mandate to 16 Department of Sanitation workers in October 2022.
And she gave me an update on Medical Professionals for Informed Consent et al v. Mary T. Bassett M.D. et al, which overturned the state mandate for health care workers. Gibson will be arguing against the State’s appeal next week.
Stephanie DiCapua and other petitioners were also at the hearing today. You can hear what DiCapua and petitioner Trinidad Smith had to say outside the courtroom in the video too.
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