De Blasio Hands Adams Potential Legal Battles Over Vax Mandate

NEW YORK CITY — Whispers of legal challenges to Mayor Bill de Blasio's coronavirus vaccine mandate for private employers started spreading within minutes of his shock announcement on a cable news show.

By the time de Blasio faced local reporters Monday, the murmurs were given voice in pointed questions: Could this harm businesses? How will the city enforce this? What legal standing does the city have to impose this? And, above all, isn't this a major potential issue to leave on mayor-elect Eric Adams' doorstep?

De Blasio held firm. He said the omicron variant's rise, the delta variant's continued spread and upcoming holidays made it necessary to mount a "preemptive strike."

"This is what a lot have actually asked for in the private sector," he said. "One standard that applies to everyone, I think you're going to see a lot of people embrace it, you're going to see a lot of people make the decision that it's time to get vaccinated."

But given the shock many business leaders felt by the measure, it's likely the city will face lawsuits before the mandate takes effect Dec. 27.

This likely will leave any potential legal fights to Adams' incoming administration, which begins with the dawn of 2022.

Adams, who is in Ghana, has stayed silent on the mandate. He previously said impressions his administration will operate under a new pandemic playbook are "mistaken."

Still, his spokesperson Evan Thies gave a noncommittal statement about the private sector mandate: “The mayor-elect will evaluate this mandate and other COVID strategies when he is in office and make determinations based on science, efficacy and the advice of health professionals,” he said, as first reported by the New York Post.

De Blasio expressed confidence the city is on firm legal ground. He noted legal challenges to other city vaccine mandates have all failed.

The city's private sector mandate also stands apart from a similar measure sought by President Joe Biden that's currently wrapped up in court challenges, he maintained.

"But we have here an immediate set of circumstances, and we have the legal right of the Health Commissioner to keep the people of this city safe," de Blasio said. "That is something that's been proven time and time again."

The Biden administration's measure sought to impose a mandate on businesses with 100 employees or more. Georgia Pestana, the city's corporation counsel, said the private sector mandate unveiled by de Blasio and put into action by health Commissioner Dave Chokshi is an "across the board" measure.

"Here, he is issuing an order that is intended to do just that in a public health emergency," Pestana said. "So, he has the authority, and it is across the board, so it's not picking one industry over another and treating them differently. So, we're confident that this will survive any challenges."