Aviles vs. De Blasio Appeal Hearing
UPDATE — The May 11th hearing was an emergency hearing seeking an immediate injunction to allow students whos parents had not signed the in-school COVID testing consent form to come back into school immediately. The motion was denied and the appeal will be heard again in July. That means the case will only have an impact on next school year (2021-22)
On Tuesday May 11th, at 10am, tune in to watch the live-stream hearing of Aviles vs. De Blasio, which challenges the legality of forcing in-school COVID testing for students to attend in-person learning in New York City.
TEACHERS FOR CHOICE has been following this case closely and is in communication with the attorneys arguing on behalf of NYC Parents who have refused to sign the in-school COVID testing consent form yet believe their children still have the right to an in-person education.
Here is what attorney Ray Flores, who will be arguing on behalf of parent plaintiffs on Tuesday, sent to me in regards to accessing the live-stream of the hearing:
The hearing is remote. May 11 10:00 a.m. 21-721 Crystal J. Lisa et. al v. de Blasio will be the case name. – https://ww2.ca2.uscourts.gov/Court.html
Teachers For Choice 
Because kindergarten students are not mandated to get tested, I along with another teacher and student got infected by 1 student in my kindergarten class. The student’s mother sent him to school disregarding the fact that the husband was hospitalized with covid and that the student was displaying covid symptoms.
I’m infuriated that irresponsible parents like the mention are not held liable. I infected 1 person, he almost infected his kid, I was going to visit my elderly father, my sick brother ( bed bound because of back surgery), my pregnant niece and many family members. This could have turned very ugly for me. I’m still suffering from covid complications and the irresponsible parent was not, at the very least told what her irresponsible actions caused and could have caused. Where is our protection?
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Thank you for your comment.
I disagree with you that you were infected because “kindergarten students are not mandated to get tested.”
I understand why you say that, but do not agree. You were infected because the child’s parent was grossly negligent in her decision-making. Testing is once a month or once a week tops, and is only done on a random sample of 20% of students. It is highly unlikely such a testing regime would have caught this infected kindergartener. If the testing regime were every single day, prior to walking into the building, you must show you are COVID free to enter — maybe THAT type of regime would have caught this infected child.
However the testing regime we currently use is just theater, it is inherently flawed and does nothing to protect public health – mk
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