Court rules she must be rehired with backpay
by Michael Kane
On July 12 the Honorable Judge Arlene Bluth ruled that Elizabeth Loiacono’s religious exemption to vaccination needs to be granted by the New York City Department of Education, and Loiacono must be rehired with backpay. This victory occurred in New York State Supreme Court through an article 78 proceeding filed by attorney Jimmy Wagner.
My attorney Sujata Gibson has read the court ruling and believes it is extremely significant in supporting the arguments being made in Kane v. de Blasio, Keil v. NYC. as well as NYFRL v. NYC. These three cases are all currently being argued in federal court. One notable difference between our cases is that Loiacono does not have an in-school placement. However this one fact is far from the only pillar the ruling is based upon.
Read the entire ruling for yourself (attached at bottom of this report). There is no question this is an extremely good sign for all of us currently suing NYC Schools for being illegally fired from our jobs. It may also be significant for all employees fired by NYC for declining covid vaccination.
This decision comes on the heels of two events I find significant and worth mentioning here. The first is the recent NY Times reporting of conflict of interest on the federal bench overseeing Kane v. de Blasio and Keil v. NYC. There is no doubt in my mind that every NY Federal and NY State Court judge is well aware of that recent report which left a major stain on the decisions that have kept us out of our jobs over the past 10 months.
The second is the recent announcement by New York Chief Justice Janet DiFiore that she is resigning as NY State’s top judge the end of August. DiFiore is currently being investigated for ethics violations, and she is also the individual who instated a vaccine mandate for all NY State judges; a mandate that does not apply to federal judges.