Upstate judge blocks vax rule for health staff

The state’s move to force mandatory COVID-19 vaccinations for medical workers was temporarily blocked Tuesday by an upstate federal judge after a group of health care workers sued over New York’s hardline ban on religious exemptions.

The 17 health care professionals claimed the mandate violated their constitutional rights, with Utica Federal Court David Hurd giving the state until next Wednesday to respond to the lawsuit brought by the plaintiffs one day earlier.

The group, which filed using pseudonyms, consists of Christian doctors, nurses and other medical professionals who made it clear in court papers that they were not “anti-vaxxers” opposed to all vaccines but opponents of this plan due to their deeply held religious beliefs.

The state-issued order was announced Aug. 28, and required at least a first shot for health care workers at hospitals and nursing homes by Sept. 27. Under Hurd’s order, a Sept. 28 oral hearing will be convened if the state opposes the plaintiffs’ bid to opt out of the vaccines.

According to the court papers, the plaintiffs challenged the state Department of Health edict because it lacked an opt out for “sincere religious beliefs that compel the refusal of such vaccination.”

More specifically, the group — including a nuclear medicine technologist and a cognitive rehabilitation therapist — said in court papers that all the current COVID vaccines employed aborted fetus cells at some point in their testing, production or development.

“Plaintiffs’ motion for a temporary restraining order is granted,” wrote Hurd in his decision.

The lawsuit cited violation of their rights under the U.S. Constitution, along with the state and city human rights laws.