“To allow this kind of governing to continue is very, very dangerous, and it will lead to a point where every single person’s rights and liberties will be taken away. . . . This is not the first time in our history that this situation has occurred. . . . If you allow this injustice to occur—even if you like the outcome—you're threatening the foundation and the pillars of justice everywhere else. . . . What I'm doing has nothing to do with my personal beliefs about COVID or vaccines. It has everything to do with fundamental rights and liberties.” - Chad LaVeglia
In this episode of the New York Mandate podcast, I talk with Chad LaVeglia. He is the attorney who is representing 16 former employees of the New York City Department of Sanitation (DSNY) in their lawsuit against the City, Garvey et al. v City of New York et al.
The case LaVeglia argued prevailed against the City in a New York Supreme Court decision by Judge Ralph Porzio on October 24, 2022. The judge found New York City’s COVID-19 vaccine mandate for municipal workers to be in violation of the New York State Constitution, and declared it arbitrary and capricious. He also ordered reinstatement and backpay for the 16 DSNY workers.
The City filed its intent to appeal the same day, and no workers have been reinstated or receieved compensation. The mandate for all NYC municipal workers remains in effect.
LaVeglia talked with me about the case, the appeal, and the fundamental issues raised by vaccine mandates. He also answered questions I’ve received from readers of No One You Know and other New York City workers who were terminated or put on leave without pay under the mandate.
Here are some videos and links related to things we talked about during the episode:
My report from the Staten Island courthouse where Judge Porzio gave his decision on the Garvey case includes interviews with Chad LaVeglia, George Garvey, and some of the other 16 DSNY workers who brought the lawsuit.
You can also listen to these in-depth conversations with two of the 16 DSNY workers who sued:
New York State Attorney General Letitia James comments on the Garvey decision after a Democratic Party campaign event on November 3, 2022.
Garvey et al v. City of New York et al. Decision & Order
This is Judge Ralph J. Porzio’s written decision on the case.
Garvey et al v. City of New York et al. Petition
This is the petition attorney Chad LaVeglia filed for the 16 plaintiffs in the Garvey case.
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.
Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination in the Workplace
This is the order that former Health Commissioner Dave Chokshi issued on December 13, 2021 requiring all workers in New York City who work in a workplace or interact with other workers or the public to be vaccinated.
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 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.
Current mayor Eric Adams continues to support vaccine mandates, which currently cover all City employees. The Adams administration made the private-sector vaccine mandate optional on November 1, 2022, and is now encouraging 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 New York vaccine mandate? Did you take a vaccine against your wishes in order to keep your job? Please get in touch with me at NYMpodcast@protonmail.com.
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