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The city of New York is appealing a decision that ordered the reinstatement of city workers who were fired for being unvaccinated.

New York City has appealed a decision issued on Tuesday that declared the city’s vaccine mandate unconstitutional and ordered all city employees who were fired because of their vaccination status to be reinstated with backpay.

The decision by Supreme Court Justice Ralph Porzio argued that there was no evidence that the COVID-19 vaccine prevents virus contraction or transmission. In February, the city of New York fired approximately 1,700 employees for refusing to be vaccinated. According to a spokesman for the New York City Law Department, the vaccine mandate is “firmly grounded in law and is critical to New Yorkers’ public health.”

Before leaving office in 2021, former New York City Mayor Bill de Blasio instituted the mandate for city workers.

Before leaving office in 2021, former NYC Mayor Bill de Blasio instituted the mandate for city workers. Workers were required to show proof of at least one vaccine dose by November 1 of that year. De Blasio also imposed a mandate on public-facing private companies.

However, the city made exceptions for professional athletes and performers, causing outrage among members of the police and fire departments.

“If you’re going to remove the vaccine mandate for certain people in the city, you need to remove it for everyone in the city,” FDNY-Uniformed Firefighters Association President Andrew Ansbro said of the mandates.

“If you listen to science, it will tell you that there is no danger right now, and that laying off hundreds of firefighters, police officers, and other emergency workers is not in the best interests of the city. It is not secure.”

In his ruling, Porzio also emphasized the exceptions, claiming that such exceptions would not have existed if the mandates were truly in the service of public health.

While Mayor Eric Adams has announced plans to reduce the vaccine mandate for private companies, his administration has stated that the existing mandate for city workers will not be relaxed.