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Judge extends temporary restraining order on vaccine requirement for NYS health care workers until Oct. 12

Health care jobs on the rise in NYS
Posted at 5:10 PM, Sep 21, 2021
and last updated 2021-10-12 10:52:42-04

NEW YORK (WKBW) — A federal judge has extended the temporary restraining order on the COVID-19 vaccine requirement for New York State health care workers until October 12 for health care workers seeking a religious exemption.

On September 14, a federal judge in Utica issued a temporary restraining order blocking the COVID-19 vaccine requirement for health care workers in New York State that was set to go into place on September 27.

A group of health care workers sued, saying their Constitutional rights were violated. Corey Hogan, an attorney at HoganWillig Attorneys at Law, said the complaint is focused on the fact that the vaccine mandate only allows for a medical exemption and does not allow for a religious exemption.

NYS responded on September 17, saying it intended to pursue its legal options.

Due to the time sensitive nature of the case the judge canceled oral arguments that were supposed to happen on September 28 and will hear the health care worker's request for a preliminary injunction through papers.

The state's opposition is due by 5:00 p.m. Wednesday.

The temporary restraining order has been extended to October 12 health care workers seeking a religious exemption and the judge will make a decision on a preliminary injunction before then.

When reached for comment Monday, the governor's office referred 7 Eyewitness News to a statement from Hazel Crampton-Hays, Press Secretary to Governor Hochul last week:

Governor Hochul is doing everything in her power to protect New Yorkers and combat the Delta variant by increasing vaccine rates across the State. Requiring vaccination of health care workers is critical to this battle. This order does not suspend the vaccine mandate, but it temporarily bars the Department of Health from enforcing the mandate where individuals have claims for religious exemption. We are considering all of our legal options to keep our communities safe.