NYC Educator Wins Religious Exemption Case in State Court!

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.



9 thoughts on “NYC Educator Wins Religious Exemption Case in State Court!

  1. I have been praying for all my brothers and sisters who have been affected by this illegal mandate! I thank God, and his Attorneys who have chosen to take up this fight🕊. God Bless all those who are standing🕊🇺🇸


  2. I’m a NYC doe teacher who was denied religious exemption after having a Zoom hearing with one of the doe arbitrators who did not ask me anything about my religious beliefs. The arbitrator pretty much just ask me why wouldn’t I take the vaccine for protection of my fellow colleagues and students that I serve. I told him that I would not be opposed to take the shot but at the moment in time with not a lot of knowledge of what the vaccine could do to my healthy body, that I would like to continue to wait and see what would happen to others who had taken the vaccine as well as advancement in the science to make better ways to beat COVID. I told him i hadn’t had the COVID disease ever at the time it had been here a year in a half which I had been working my school job virtually and a side job on site I also told him that I had been tested once every week on my other job, and I told him about my non usage of any drug in body only the use of vitamin, mineral, herbs, and plant based food I use to care for myself for over 20+ years. Oh and not to mention I was the one who mentioned and brought up GOD in anything concerning religion in our conversation.
    With that deadline to get the shot or else be terminated looming I thought after my meeting with him that I would be granted the exemption but it did not get it. I was devastated because I again heard about folks having adverse reactions to to vaccine and dieing so I wanted to wait and see for something better, number 2 I hate needles, and number 3 I have outstanding student loan debt along 2ith 3 child support payments at the time along with going through a divorce so I had no choice but to take the shot against my will in my eyes was so that city and government could get their numbers
    . I still have my letter from my clergyman, I wonder if I would have a case against the city of NY, please let me know if I do. Thank you and GOD bless


  3. Good morning,

    Victory is mine sayeth the Lord and so I am glad to see that this colleague persevered in winning her case, so with faith, we too will be victorious. Also, this judge pointed out the many holes and ineffectiveness and inadequacies in the DOE’s directives with regards to them not saying anything that made sense to us who are believers in our faith or anyone else with common sense. They said that you could file for accommodation; however, when you did so, they gave all these reasons judging you as if they know you and your faith. When they spoke of the hardship that they would have to undertake to accommodate us, they made much ado about nothing and we know it did not take much to accommodate us especially since we had already worked remotely. In this case, this was a Home Instructor who needed no such accommodation to be placed in any special location. Where was the hardship? Why was she being denied an accommodation? In essence, the judge told them that they did not spell out her duties and there was no name such as a specific person to go to ask what they meant by their response. This was a generic response. Thankfully, this judge was bold and confident to tell them the truth and let them know that they were not saying much of anything that made sense. Excellent!

    Audrey Dennis


  4. That’s nice, but even if you all win based on the First Amendment right to your “sincere religious beliefs”, the principle will remain that the mayor has the right to declare himself dictator over the bodies of city workers and citizens in private business and force them to get injections, so long as the “sincerely religious”(define that) have an out. What about the irreligious or those who feel that the U.S. Constitution and basic human rights gives them autonomy over their bodies?


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: