NY Mandate Case: Supreme Court

NY Mandate Case: Supreme Court

NY Mandate Case: Supreme Court

Re: the Legality of Mandating Vaccines to City Employees


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Facts of the Case

  • Dates: 2021-Oct 2022
  • Location: New York City
  • Court: Supreme Court of NY
  • Case #: 85163/2022
  • Plaintiff: NY Sanitation Workers
  • Plaintiff’s Lawyer: Chad LaVeglia
  • Defendant: City of NY, DOHMH, Dept of Sanitation & NY Mayor Adams
  • Trial Type: Supreme Court of NY
  • Judge: Ralph J. Porzio
  • Status: Decided (Oct 24 2022)
  • Verdict: for the Plaintiff

*updated Oct 27, 2022



One year ago in October 2021, New York City enacted a Covid vaccine mandate which required all city staff to show proof that they obtained at least one jab. Employees who did not comply by Oct. 29 were subject to termination. [1]

Despite the fact that they continued to work full-time for nearly four months after the mandate began, the unvaccinated plaintiffs were fired in February 2022 after they received “generalized and vague denials” of their shot exemptions. [1]

Mayor Eric Adams expanded the mandate to private sector employees in December 2021 [1] and then backtracked on March 24, 2022, Mayor Adams enacted Executive Order No. 62, which provided blanket exemptions from the private employers’ vaccine mandate for athletes, performers, and other artists [2]

Nearly 1,500 New York City workers including police officers lost their jobs due to the city’s discriminatory jab mandate. Hundreds of others left their places of employment after being forced to choose between their job and their autonomy. [1]

As a result, thousands of New Yorkers protested the state’s medical coercion of state workers, health-care workers, and teachers. They also expressed frustration with the city’s attempt to force businesses to require verified “vaccine passports” in exchange for goods and services when there was no proof that the shot prevented virus spread, something the court acknowledged in its ruling. [1]

According to the court filing, the Department of Sanitation employees were terminated in February 2022 for “failure to comply with vaccination requirements” after the health commissioner of the City of New York, David Chokshi, issued a vaccination mandate requiring all city employees to show “proof of at least one dose of vaccination against COVID-19” by Oct. 29. [2]




This case has the potential to undo every vaccine mandate across the USA and to expose the faulty science behind covid injections.


Plaintiff’s Argument

“The petitioner’s central argument is that Mayor Adam’s Executive Order #62, the private exemption order, rendered the public employee vaccination mandate arbitrary and capricious or unconstitutional. Furthermore, the Petitioners all claim, and provided lab documentation, that they have natural immunity to Covid19 from prior infection(s).” [4]


Defendant’s Argument

“The Respondent’s central argument is that the private employers’ exemption order and the public employee vaccination mandates were “created separately and exist independently of each other.” [4]


Relevant Prior Judgements/ Cases

…More information is needed…



The sixteen New York City Department of Sanitation workers were reinstated to full employment and will receive more than eight months of back pay after the New York Supreme Court ruled that they were wrongfully terminated under the city’s “arbitrary and capricious” Covid jab mandate. [1]

Porzio’s ruling states that the Oct. 20, 2021, and Dec. 13, 2021, rulings from the commissioner of health and mental hygiene ordering that all employees get vaccinated are “arbitrary and capricious,” ordering that the petitioners be reinstated to their full employment status, and entitled to back pay in salary from date of termination. [2]

Judge Ralph J. Porzio wrote in his ruling that the vaccination mandate for city employees was “not just about safety and public health; it was about compliance.” [2]

“that if the vaccine mandate was about “safety and public health, unvaccinated workers would have been placed on leave the moment the order was issued.” [2]

“If it was about safety and public health, the Health Commissioner would have issued city-wide mandates for vaccination for all residents,” he continued. “In a City with a nearly 80% vaccination rate, we shouldn’t be penalizing the people who showed up to work, at great risk to themselves and their families, while we were locked down.” [2]

“There is nothing in the record to support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions like athletes, artists, and performers,” the court wrote. “This is clearly an arbitrary and capricious action because we are dealing with identical unvaccinated people being treated differently by the same administrative agency.” [1]

The court also acknowledged that because the plaintiffs had natural immunity against Covid thanks to prior infections, and determined that because the city’s Board of Health “does not have the authority to unilaterally and indefinitely change the terms of employment for any agency,” the sanitation workers were wrongfully terminated. [1]

“This Court does not have a basis to disagree with temporary vaccination orders during a public health emergency, however, ordering and enforcing that vaccination policy on only a portion of the populace for an indefinite period of time, is akin to legislating,” the court wrote, noting that “states of emergency are meant to be temporary.” [1]

Being vaccinated does not prevent an individual from contracting or transmitting Covid-19,” the court acknowledged. “The petitioners should not have been terminated for choosing not to protect themselves. We have learned through the course of this pandemic that the vaccine against Covid-19 is not absolute.” [1]

The court found that “being vaccinated does not prevent an individual from contracting or transmitting COVID-19,adding that vaccinated and unvaccinated individuals have the same quarantine and isolation guidelines issued by the Centers for Disease Control and Prevention. [3]

“It is time for New York to do what is right and what is just,” Porzio concluded. [3]



Response from the Plaintiffs

“Yesterday marked a historic victory for sanitation workers, all the brave NYC employees who serve the public and our representative democracy,” attorney Chad LaVeglia told The Daily Signal. “The court struck down NYC’s draconian, arbitrary, vaccine mandate on multiple constitutional and legal grounds. The thousands of city employees who were ignored now have a voice. And as the court recognized, they deserve better.” [2]

“The court also recognized a commonsense principle that has somehow eluded politicians like Eric Adams: Forcing one—and only one—segment of the population to get vaccinated during a worldwide outbreak is unconstitutional and arbitrary,” he added. “Sixteen sanitation workers fought back against tyranny. And won. This is a historic victory for individual rights, and the system of government mandated by the Constitution.” [2]

“It’s null and void, essentially,” LaVeglia said in a video on the NYCforYourself Twitter account. “We just defeated the vaccine mandate for every single city employee.” [3]

Such employees included workers from the Department of Education, New York Police Department, New York Fire Department, and the Department of Corrections — among other city staff in various departments. [3]

“For all the brave men and women who have been our first responders and have been brave through all this are now free, and you should be able to go back to work,” he added. [3]


Response from the Defendant

“The city strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers’ public health,” a New York Law Department spokesman said on Tuesday. “We have already filed an appeal. In the meantime, the mandate remains in place as this ruling pertains solely to the individual petitioners in this case. We continue to review the court’s decision, which conflicts with numerous other rulings already upholding the mandate.” [2]


Response from FDNY-Firefighters

FDNY-Firefighters Association President Andrew Ansbro and FDNY-Fire Officers Association President Lt. James McCarthy told Fox News that the groups support revoking the vaccine mandate implemented by city officials earlier this year. [3]

FDNY Association officials blasted Mayor Adams earlier this year for exempting athletes and performers from the mandate, adding it should have been extended to all New Yorkers. [3]

“We support the revocation of the mandate for the athletes and performers that work in New York City,” McCarthy said. “We think that the people that work for New York City should also have the mandate relocated for them.” [3]

Ansbro said if Adams removed the vaccine mandate for certain people, “you need to remove it for everybody in the city.” [3]

“If you’re gonna follow the science, science is gonna tell you there isn’t any danger right now and putting hundreds of firefighters, police officers, and other emergency workers out of work is not in the best interest of the city. It’s not safe,” Ansbro said. [3]



Further Research

Court Documents:
In the news:



NY Supreme Court Judge Demolishes Vax Mandate -Oct 26 2022

source: Odysee/ RPLR

CDC Director Must Apologize For Misinformation -Oct 26 2022

source: Rumble/Sunfellow On COVID-19

EPM Rob Roos: Pfizer Admits Vaccines Not Tested For Prevention -Oct 20 2022

source: Rumble/Sunfellow On COVID-19



  1. New York Supreme Court Reinstates NYC Workers Fired Under ‘Arbitrary And Capricious’ Covid Jab Mandate
  2. New York Supreme Court Reinstates Unvaccinated Employees With Back Pay: ‘It Was About Compliance’
  3. New York Supreme Court Strikes Down NYC Vaccine Mandate for All City Workers; Reinstates Employees, Orders Back Pay
  4. Court Ruling



Adams, CDC, Centers for Disease Control and Prevention, Department of, DOHMH, Executive Order, Health, LaVeglia, Mandate, Mayor, Mental Hygiene, New York, NY, Porzio, Sanitation, Supreme Court, Unconstitutional, Workers 

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Stop Vaccine Criminal Complaint

Re: Request for investigation into the Wrongful Deaths & Adverse Reactions caused by the covid vaccines with the aim to stop it asap


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Facts of the Case

  • Submitted: Dec 20, 2021
  • Location: Charing Cross & Hammersmith Police Stations, London, UK
  • Court: TBD
  • Case #: 6029679/21
  • Plaintiffs: Dr Sam White & retired PC, Mark Sexton
  • Plaintiffs’ Solicitor: Lois Bayliss & Philip Hyland
  • Defendants: Officials in Public Office (names to be released later)
  • Trial Type: Criminal Misconduct
  • Judge:
  • Experts: Written Expert Witness Report Submitted
  • Status: Complaint Rejected for investigation
  • Verdict: Against the Plaintiff

*Updated: July 05, 2022



On 20th Dec 2021

Dr. Sam White, solicitor Lois Bayliss. retired police constable Mark Sexton and solicitor Philip Hyland, PJH Law attended Charring Cross Police station and then Hammersmith Police Station in London. A criminal complaint has been made and accepted by the Metropolitan police (to investigate and immediately halt the covid vaccine programs). Significant and irrefutable evidence has been presented to the police. (1)

As a result of this, a crime reference number has been issued for Misconduct in Public Office. A Detective Sergeant and Police Constable have been allocated  to assess the complaint (3). A complaint number will be made available in due course. (1)

Of paramount importance and as a matter of public safety the plaintiffs and their lawyers are demanding that the Covid-19 vaccine roll out be stopped immediately and have suggested an address to the nation is made by the Metropolitan Police to advise accordingly. (1)

Solicitor Lois Bayliss has received a large number of e-mails from those damaged by the vaccine. She has called on the general public to provide additional information (to that already documented for the complaint) concerning suspected vaccine injuries including deaths, miscarriages, still births, irregular, stopped or post-menopausal periods post vaccine etc, etc. … where these have occurred. NHS staff are also asked to come forward and speak out about anything they have witnessed. (2)

A number of government departments and in particular, individuals in public office and government have been named as offenders. Necessary supporting evidence has been provided. (1)

Six hours was spent with the police, during which time it was made clear and accepted by the police that all doctors, nurses and can workers are being blackmailed to take the vaccine or lose their jobs. The police were excellent, especially at Hammersmith station where the whole session was recorded. This recording will not be released to avoid prejudicing the investigation. (1)

The Superintendent assistant to Police Commissioner Cressida Dick is aware of the complaint and has acknowledged this fact on Dec 23rd 2021. All 43 Chief Constables in England and Wales have been contacted by e-mail to advise them of the Metropolitan Police’s criminal investigation and the (separate but related) ICC application  (3)  




This, to our best knowledge, is the first criminal complaint brought against UK officials (as yet un-named but including government officials) for criminal misconduct in public office relating to the Covid vaccine roll-out.


Plaintiff’s Argument

The Plaintiffs have presented evidence to the police and claimed that this irrefutably shows that the vaccines are doing harm and their use should be ceased immediately.


Defendant’s Argument

See (below) the MET’s Decision on Feb 22 2022

Briefly they state that there have been “no criminal offenses” and that “We have found no evidence to support any claims that information about adverse health implications is being suppressed or withheld from the public in the manner that was alleged.”


Relevant Prior Judgements/ Cases

…More information is needed…



On December 31, 2021

Mark Sexton posted an update on the case [4]. In brief he has made public that the case has an official number and

We are now recommending all victims of the V make contact with their local police force.

Due to the evidence being submitted to The Metropolitan police we believe each individual has a right to be classed as a victim of crime.

The injuries attributed to the V must be documented by the police and an appropriate crime number issued.

It could be anything from actual bodily harm through to Grievous bodily harm , manslaughter and ultimately murder

If you believe you are a victim of crime and there is no evidence to the contrary a crime must be recorded.

Again, cite the crime recording standards. If that fails request that a victim statement is taken including a victim personal statement and ask for it to be forwarded to, The CID department at Hammersmith police station using crime reference number;


He Further notes that many prominent individuals are aware of this case, including: The Mayor of London and Police Crime Commissioner Sadiq Khan, the Superintendent to Cressida Dick, some members of Parliament 



On January 5, 2022

He submitted 1100 pages of evidence to Hammersmith CID. 2 excellent detectives accepted and signed for the paperwork. They confirmed the crime report is now significant and very lengthy. A number of other world experts have added their details and support and again they were acknowledged by The Met Police. Mark Steele provided a massive amount of evidence relating to the damage the vaccine is causing. The Superintendent acknowledged Mark’s submission. [5]

Michael O Bernicia and his team have added their weight and support to this criminal investigation. The evidence they possess is vast and significant with regards to Midazolam and the deaths/murders attributed to this drug. [5]

On January 16, 2022

Mark Sexton informed that he was banned from Facebook. [5] and posted a video (see in Media below) providing further information and calling for temperance while reasonably using the law and the police.

On January 19, 2022

Mark Sexton wrote an open letter to the Metropolitan Police, Hammersmith CID, all serving Police Constable’s and all Police staff.

In it he asked them 12 questions regarding their duties as officers of the law and reminded them that :

The actions or indeed in-actions of every Constable have consequences for that individual officer…You must act to save lives straight away and any unlawful orders to the contrary from senior rank or government must be ignored and appropriately challenged. [6]

On January 29, 2022

Mark Sexton posted an update vid and an info packet the public can use when discussing the case with the police

On Feb 22, 2022

The Police rejected the complaint

The Met said in a statement: [7]

“It was suggested, by the complainants, that offences including gross negligent manslaughter and misconduct in a public office may have taken place. [7]

“Following an assessment of all the available evidence, it is clear that no criminal offences are apparent. The Metropolitan Police will not be launching a criminal investigation and no further action will be taken.” [7]

Deputy Assistant Commissioner Jane Connors added that vaccines had been approved by all the relevant national and international regulatory bodies. [7]

“They underwent multiple trials and were subject to stringent approval processes. They are in use in more than 100 countries. [7]

“We have found no evidence to support any claims that information about adverse health implications is being suppressed or withheld from the public in the manner that was alleged.” [7]

She goes on to criticise the use of a crime number being misrepresented as evidence of a criminal investigation which, she says, was not the case – and links the use of that number to efforts to disrupt the UK’s vaccination programme. [7]

On June 28, 2022

Mark Sexton posted another letter to Sir Stephen House, acting commissioner of The Metropolitan Police and Mr Andy
Cooke, Chair of Her Majesty’s Inspector of Constabulary. [13]

What is most concerning and deeply worrying is that all of the above and in particular the Metropolitan police have refused to investigate any of the allegations, treated the informants and the victims with utter contempt, labelled anyone who goes against the
narrative that is coronavirus and the vaccines as conspiracy theorists, anti-vaxers and tinfoil-hat wearing lunatics. [13]

Irrefutable and publicly available evidence has been supplied to the police and blatantly ignored. [13]

Deputy assistant commissioner Jane Connors went public in February 2022 making the very false statement no crimes were identified from the evidence that was submitted. [13]

Deputy assistant commissioner Connors is blatantly perverting the course of justice in order to protect the accused. [13]

Superintendent Tor Garnet from Hammersmith CID is also perverting the course of justice by fully supporting the decision made by Jane Connors. This is despite Superintendent Garnett being aware of the evidence and who the offenders are. [13]

The credibility of the witnesses, the victims and the many experts is without question or reproach. [13]

Please protect us and work for us. Please put an end to the suffering and please protect our children and their future, please, we beg and demand this of you. [13]

The blatant unjustified dismissal of these crimes is incomprehensible. [13]



…More information is needed…



response from Legal Team

Philip Hyland, principal of PJH Law, said: [7]

“This isn’t over.”

“We are disappointed with the inadequacy of reasoning from the Met. We would have expected better.” [7]

The group presented more than 400 witness statements from world-renowned scientists, doctors and vaccine victims, concerned, among other issues, about the safety of the new mRNA vaccines and the validity of the trials. [7]

Mr Hyland said a full response to the police decision would be made public later this week. [7]


  • News Uncut understands that the police have not interviewed a single witness in person, which seems odd given the seriousness of the allegations – although they have paid a lot of attention to a few Downing Street parties. [7]
  • Meanwhile India’s drug regulators have decided not to support the Pfizer vaccine because of ongoing investigations into side effects reported in other countries. [7]
  • Meanwhile heart attacks and deaths are noticeably more prevalent. As can be seen the in the unusual number of athletes that have collapsed during live broadcasts. [8,9,10]
  • Last year, a new study conducted by researchers at the Mayo Clinic in Rochester, Minnesota, and published in the (jan 2022) Journal of the American Medical Association (JAMA) concluded that Johnson & Johnson’s Covid vaccine increases the risk of developing a rare and fatal blood clotting disorder in the brain. [11]
  • An Oxford University study early last year also found that the number of people who developed blood clots after vaccination was about the same for Pfizer and Moderna vaccines as for AstraZeneca’s, Market Watch reported. [12]
  • The various Government Vaccine Adverse Reaction and Death monitoring programs continue to see unprecedented levels of reporting of deaths following the injections. see US VAERS, UK Yellow Card [7]
  • In a letter to the Paul-Ehrlich-Institute, a major German health insurer has recorded figures on side effects of Covid vaccines. It said the result was “a significant alarm signal.” According to BKK ProVita, the number of side effects is many times higher than those officially announced by the PEI. (also see Del Bigtree video above)

it says: “In our eyes, there is a considerable under-reporting of vaccination side effects.” The board of BKK ProVita, Andreas Schöfbeck, told the WELT: “According to our calculations, we consider 400,000 doctor visits of our insured due to vaccination complications to date realistic.”

“If these numbers are extrapolated to the entire year and to the population in Germany, probably 2.5-3 million people in Germany have received medical treatment for vaccination side effects after Corona vaccination.”


Further Research

Court Documents:
  • Read the Criminal Complaint
In the news:



See Senator Johnson’s Forums 1 & 2 with vaccine victims & expert Testimony

See the Grand Jury People’s Court with experts on the dangers of the Injection


German Insurance Co Raises Vaccine Damage Alarm

source: Del Bigtree

Bhakdi, Vax Use Must Stop -Feb 19 2022

source: shortXXvids

M Sexton Update – Jan 29 2022

source: Mark Sexton

Dr White on Corona Ausschuss

Source: Corona Ausschuss

M Sexton Update Jan 16 2022

Source: Mark Sexton

Official Criminal Complaint against Lockdowns

source: longXXvids

Report on Meeting with MPs- Sept 22 2021

source: Mark Sexton

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