Injunction Denied in KANE vs DE BLASIO

Looking at Possible Appeal

by Michael Kane


The injunction we sought in federal court to stop the covid vaccine mandate for NYC teachers was denied by Judge Valerie Caproni today. We are now watching very closely the case of health care workers to be heard in the 2nd circuit court this Thursday October 14th. If they are successful, it is highly likely we will appeal KANE vs. DE BLASIO to the 2nd circuit court.

Today a separate group of health care workers were granted an injunction in upstate New York giving them the right to file for religious exemptions to vaccination. This is a good sign. Stay tuned to for updates and more info.

One important point – The judge today implied that we may not have standing to sue in federal court; that we may have to file an article 75 complaint with our union. Our attorneys maintain this is not true and, in fact, also maintain that the NYC DOE has admitted we do have standing to sue in federal court. Constitutional rights cannot be negotiate or arbitrated away. Everyone in the court today acknowledged that none of us have waived our rights.

However anyone that does sign the waiver that is currently on SOLAS will be waiving their rights to sue over the vaccine mandate and the loss of your job because of it. Think long and hard before you “click and sign” on SOLAS.

4 thoughts on “Injunction Denied in KANE vs DE BLASIO

  1. Dear Michael et al,

    Peace and blessings to you all.

    Wonderful encouragement from Judge Hurd in his ruling today in the case of the healthcare workers. Although we did not win our case today, the judge in our case gave the lawyer the chance to dismiss today’s case and encouraged her to spend more time rectifying what needs to be corrected and to refile the case again in two weeks.
    So, God is on our side and with the resilience shown, we will be victorious. So, together, we will hang in there because we have a case to win for the truth is on our side.

    Much blessings.
    Audrey Dennis


    1. Thank you.

      So you are aware we hold and maintain that the judge made a number of conclusions that are incorrect. We believe it is incorrect that we don’t have “standing” to sue in federal court. We do have standing and it appeared to all of us that was made clear by all parties in the courtroom on 10-12-21.

      Stay tuned for updates and a possible appeal.


  2. Do not get discouraged New York Teachers for Choice! We have to challenge the legality of the DOE-UFT Agreement on the COVID-19 Vaccine Mandate. I have a good faith belief that the DOE-UFT Agreement is faulty, requiring vacatur. Also, we have to file a class action lawsuit against the DOE and UFT on behalf of the people who have recovered from COVID-19 under the grounds of Natural Immunity. Is it possible to file a motion to amend the current complaint on KANE v. De Blasio to add other parties and pleadings before it is appealed? We must continue seeking remedy for this unconstitutional COVID-19 Vaccine Mandate. Justice has not been served!


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