NYC Teacher COVID Vax Mandate Goes Forward After Judge's Ruling

NEW YORK CITY — A coronavirus vaccine mandate for New York City's teachers and school staff will take effect Sept. 27 as planned, Mayor Bill de Blasio said.

But unions pledged to continue their court battle against the requirement. A judge's decision Wednesday only lifted a temporary restraining order on the rule, they noted.

De Blasio still claimed a victory in his effort to boost COVID-19 vaccinations among educators.

"The judge said the city’s vaccine mandate for educators and staff in our schools is absolutely appropriate," he said Thursday during his daily briefing. "It is legal, it is fair and we’re moving forward with it on Monday."

Most educators and school workers have received their shots, but some still haven't as the deadline looms. About 87 percent of teachers and 80 percent of school staff are vaccinated against the coronavirus as of Wednesday, officials said.

The mandate is part of an ever-increasing spate of measures from de Blasio and health officials designed to fight the highly contagious delta variants.

When announced in late August, the mandate for teachers and staff prompted quick legal action by the United Federation of Teachers and District 37 unions. They argued the city didn't give workers leeway to make their own health care decisions.

An arbitrator helped carve out exceptions for medical and religious exceptions while a judge issued a temporary restraining order on the mandate.

The judge — Laurence Love — made an initial decision on the order Wednesday. He wrote the unions' argument that law over mandatory vaccinations has changed "simply does not pass the smell test."

Love's ruling still leaves the case open, but allows the mandate to go forward in the meantime.

Unions officials expressed disappointment.

“We are deeply disappointed that the temporary injunction has been lifted," Henry Garrido, executive director of District 37, said in a statement. "This is not the end of the road and we will continue to fight for the right of workers to make their own healthcare decisions.

“The vast majority of District Council 37 members are vaccinated. For those still making up their minds, force is not the answer."

De Blasio said schools have thousands of substitute teachers ready to fill positions left by educators who are still unvaccinated by Sept. 27.

"They’ll be ready, but the reality we’re seeing right now is the overwhelming majority of our educators and staff are going to be there on Monday having got that first dose," he said.

Teachers who show up will not get a paycheck, he said.

"I think the vast majority of educators and staff want to serve kids and want to keep getting paid," he said.

Patch writer Anna Quinn contributed to this report.