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Court blocks New York City schools vaccine mandate, sets hearing for next week By Reuters

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© Reuters. FILE PHOTO A baby carriage is seen at the entry to Elementary Public School 85 in Queens, New York City. It was decorated with balloons and is part of the COVID-19 pandemic. REUTERS/

By Peter Szekely

NEW YORK (Reuters) – A requirement for New York City school teachers and staff to get vaccinated for COVID-19 was temporarily blocked by a U.S. appeals court just days before it was to take effect, but the court on Saturday set a hearing on the matter for next week.

The deadline was set by Mayor Bill de Blasio for the 148,000 school staff in the most populous U.S. system of schools to receive at least one dose. It is part of a mandate that aims to reduce the spread and severity of the deadly Delta variant.

The U.S. Court of Appeals, Second Circuit granted a temporary injunction late Friday to a few public school teachers/paraprofessionals challenging the mandate. This is because the mandate does not permit for weekly testing.

After a request from the city, the court scheduled an urgent hearing to hear the case on Wednesday.

As parents and educators in the United States grapple with the coronavirus crisis, Washington, Los Angeles and Chicago have also introduced mandated vaccines for school personnel and teachers.

In a letter to the court, the city Law Department said the basis for an injunction lacked merit, adding that the uncertainty it creates threatens the “safe resumption of full school operations for the city’s nearly one million students.”

According to Georgia Pestana (Corporate Counsel), “The order also disturbs the reliance interest of parents and caregivers throughout the city – who need clear, sound safety protocols when sending their children into public schools in the City day after day.”

On Sept. 15, four plaintiffs filed a civil suit in U.S. District Court Brooklyn challenging the vaccination mandate. The letter signed by Corporation Counsel Georgia Pestana stated that they would lose their jobs, benefits, and seniority if it was not followed.

They argued that such a severe and continuous punishment is traumatic to the conscience. It also violates Constitution rights. Accordingly, they should be stopped immediately in order to avoid irreparable damage.

According to the plaintiffs, last year’s school system experience proved that vaccines are unnecessary as a safe learning environment can be created with masks and other precautions.

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