11-15-21 UPDATE: KANE vs DE BLASIO gets INJUNTION GRANTED by 2nd Circuit Court of Appeals!!! READ THAT HERE
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Calling the Court to Stop Vaccine Mandate in NYC Schools Over Fraudulent Exemption Process
TEACHERS FOR CHOICE Press Release
10-4-21
Download the Restraining order here:
This morning TEACHERS FOR CHOICE attorney Sujata Gibson filed for a temporary restraining order (TRO) to stop the NYC DOE adult vaccine mandate in the case KANE vs DE BLASIO. While 2 other TROs in two separate (but similar) cases have been granted and quickly dissolved in September, this one is much different as it focuses squarely on the fraudulent exemption process carried out by NYC Schools.
The clearest example of fraud is the requirement placed on those seeking a religious exemption to provide a letter from an “established religion” to certify ones personally held religious beliefs are sincere.
“It’s incredibly sad that neither Mayor de Blasio nor the largest school system in America has any clue what the Establishment Clause of the first amendment to the US Constitution is,” said lead plaintiff Michael Kane.
The Establishment Clause makes clear government cannot establish a religion nor can they determine what religions are or are not “established religions.” This has been firmly established in federal court precedents for decades.
“These exemption policies are as blatantly unconstitutional as they are repulsive.” said TEACHERS FOR CHOICE attorney Sujata Gibson. “This issue is long-settled and it shocks the conscience that this type of unconstitutional discrimination would be resurrected by the NYC DOE.”
The TRO includes two expert affidavits from Dr. JAYANTA BHATTACHARYA M.D., PhD, and Dr. MARTIN MAKARAY M.D., M.P.H. These two men are scientific powerhouses whose opinions cannot be dismissed easily. Dr. Bhattacharya states clearly that unvaccinated educators pose no greater threat to anyone than their vaccinated peers.
This emergency TRO in KANE vs DE BLASIO seeks to get relief for all NYC DOE employees placed on unpaid leave today regardless of whether they filed for an exemption or not. Attorney Sujata Gibson argues since the process was fraudulent, illegal, and unconstitutional to begin with, all employees must be given a chance to apply for an exemption under a legal process which is legitimate, fair, and constitutional.
Teachers For Choice 
I recorded my religious exemption appeal. It was clear by what the DOE representative said he did not even read my letter. I verbally explained how his reason for denial did not match what my reasoning was and the UFT rep reiterated my statement as well (shocking I know).
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Did the denial letter state a reason for denying your application for religious exemption?
My husband’s letter just said the request was denied, without giving a reason. Is the DOE supposed to give a reason when it denies an exemption request? If so, what can he do to challenge the denial?
Does NY State Education Law allow a “Section 310” appeal in these denials of the exemptions?
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I was denied the first time. I appealed and it was denied again with no explanation whatsoever. There were two signatures at the bottom of the page. That was it. They seem to be changing rules and ignore the laws as they go.
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