NEW YORK (CBSNewYork) – A federal judge temporarily allows health care workers in New York to skip mandatory COVID-19 vaccines whether to apply for religious exceptions.
He gave the preliminary injunction Tuesday morning, CBS2’s Dick Brennan reported.
Health care workers protesting vaccine order objected to being forced to take vaccines that use fetal cell lines from acquired abortion. A New York state health official confirmed in an affidavit that fetal cell lines were used in testing and producing the current COVID-19 vaccine
Seventeen health care workers filed a lawsuit last month, opposing the state Department of Health’s vaccine mandate, which does not allow religious exceptions.
U.S. District Judge David Hurd wrote about the determination that the state was, “prohibited from interfering in any way with the granting of religious exemptions from the COVID-19 vaccine being conducted, or the operation being granted na.
Thomas Ferrara was head of counsel for the plaintiffs, and said they were COVID heroes who don’t treat them right.
“Suddenly, however, in this absurd command they were treated as Typhoid Mary, disease -carrying villains, fired by the night with the desire to do exactly what they did – handle the patients, care for the sick, heal the disease with the necessary protective equipment, ”Ferrara said.
Legal experts say the decision maker is calling on employers to make a settlement.
“So a residence is something that will be according to each case that balances between the employer and the employee, to protect religious freedom as found in the First Amendment to Title 7, but to protect the public in general,” Andrew Leib said. “It could be like wearing masks, frequent testing, getting away from co -workers and the public.”
The state of New York mandated that all health care workers be vaccinated against COVID-19 before Sept. 27. By the time of the deadline, nearly 92% of hospital staff statewide had been vaccinated.
In a statement, Governor Kathy Hochul Wrote, “I stand behind this mandate, and I will oppose this decision in court to keep New Yorkers safe.”
“The court also recognized the governor will oppose it and in this type of decision there is grounds for immediate appeal to the Second Circuit, and we hope that soon,” Leib said.
It is not clear what the exact timing of the appeal will be.
The Vatican has said it is “morally acceptable” to receive COVID-19 vaccines that use cell lines from removed fetuses in their research and production processes.