Federal judge declines to impose temporary restraining order on NYC school vaccine mandate
A federal judge has declined to impose a temporary restraining order on New York City’s public school vaccine mandate, rejecting a request from special education teachers who were denied a religious exemption.
Michael Kane and nine other educators -- who all said they possess sincerely held religious beliefs that compel them to eschew any vaccine -- sought the temporary restraining order, claiming the mandate violates the free exercise and equal protection clauses of the Constitution.
The educators can try again during a hearing next week at which they’ll seek a preliminary injunction, accusing the state of “hostility” toward religious beliefs that may be outside the mainstream.
New York City, the nation’s largest school district, is one of the first in the country to require school staffers to be vaccinated.
About 95% of the city’s 150,000 Department of Education employees have been vaccinated, including 96% of teachers and 99% of principals, Mayor Bill de Blasio said Monday.
About 8,000 replacement DOE staff members, including 7,000 substitute teachers, were used on Monday, which was the first day of the vaccination mandate.
-ABC News' Aaron Katersky