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Please Donate to the CHD NY Chapter
2-2-23
CHD NY will be publishing a link for all to re-watch Part 1 of the NY Medical Freedom Lawyers Zoom call from 2-1-23, if you missed it, very soon. Part 2 is coming in March with a new group of amazing attorneys!
Also don’t forget to show up on February 8, 2023 at 9am to Thurgood Marshall Courthouse for a non-denominational prayer vigil in support of KANE / KEIL / NYFRL Federal lawsuits back in court!
Below are summaries of the cases from attorneys Sujata Gibson, Jimmy Wagner and Chad LaVeglia covering what they presented on February 1, 2023 at 7:30pm on CHD NY’s Zoom call.
If you appreciate forums like the one we just held, as well as grassroots organizing that brings thousands of people to Albany, City Hall, and action alerts specific for the needs of New Yorkers to protect medical freedom please consider donating to Children’s Health Defense NY Chapter.
Give a recurring $10 a month donation here – https://ny.childrenshealthdefense.org/support/10-in-23/
Or give a one-time donation here – https://ny.childrenshealthdefense.org/about-us/donate/
In addition please note that all of Sujata’s lawsuits you learned about during this forum are largely funded by Children’s Health Defense National (CHD)
Learn about all of CHD’s legal victories here: https://childrenshealthdefense.org/legal_justice/chd-victories-positive-outcomes-and-groundbreaking-litigation/
Learn about ALL of CHD’s legal actions here: https://childrenshealthdefense.org/legal_justice/litigation-efforts/
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SUJATA GIBSON
| Law Firm(s) | Gibson Law Firm, PLLC 832 Hanshaw Rd., Suite A Ithaca, New York 14850 Phone: (607) 327-4125 http://www.gibsonfirm.law |
| Lead Attorney(s) | Sujata S. Gibson, Esq. |
| Description of Case | Kane v. de Blasio & New Yorkers for Religious Liberty v. City of New York Kane v. de Blasio is a proposed class action federal court lawsuit in the Southern District of New York on behalf of DOE employees denied reasonable religious accommodation from the City’s DOE vaccine mandate. New Yorkers for Religious Liberty v. City of New York (“NYFRL”) is a proposed class action federal lawsuit in the Eastern District of New York brought on behalf of all New York City employees impacted by the mandate. Both lawsuits are proposed class action lawsuits that challenge New York City’s employee vaccine mandates as unconstitutional, asserting that the mandates violate the First Amendment, and Equal Protection rights of New York City workers. |
| Most recent and important update(s) | Update as of February 1, 2023 Kane, NYFRL and another similar DOE lawsuit (Keil v. City of New York) are all currently joined in an appeal to the Second Circuit Court of Appeals. Oral arguments will take place on February 8, 2023 at 10 a.m. at the Thurgood Marshall Court house. Because the lower court dismissed the state law claims without prejudice, another lawsuit will soon be brought on behalf of the Kane plaintiffs in State Court to preserve the state law claims. Specifically, that the religious exemption policies violate the New York State Human Rights Law and the New York City Human Rights Law. |
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| Law Firm(s) | Gibson Law Firm, PLLC 832 Hanshaw Rd., Suite A Ithaca, New York 14850 Phone: (607) 327-4125 http://www.gibsonfirm.law |
| Lead Attorney(s) | Sujata S. Gibson, Esq. |
| Description of Case | State Court Challenge to NYC DOE Medical Exemption Policy A new lawsuit will be filed soon challenging the DOE’s medical exemption policy. The policy, which refuses medical accommodation unless a person can prove they are allergic to all four vaccines, violates the New York City and New York State Human Rights Laws, which each require reasonable accommodation for disabilities. Underlying health conditions qualify as disabilities. Pursuant to their policy, the DOE not only refused to grant hundreds of disabled employees reasonable accommodation in the first instance, but recently doubled down and revoked all medical exemptions (as far as we are aware) that were previously granted. We are bringing one lawsuit challenging policy and between a panel of medical freedom attorneys also intend to bring up to 80 additional individual lawsuits on behalf of the employees whose exemptions were revoked. |
| Most recent and important update(s) | As of February 1, 2023 After learning that 80 plus lawsuits were about to be filed, DOE pushed back the termination date to February 11, 2023. If no resolution can be reached soon, these petitions will go in on an emergency basis imminently. |
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| Law Firm(s) | Gibson Law Firm, PLLC 832 Hanshaw Rd., Suite A Ithaca, New York 14850 Phone: (607) 327-4125 http://www.gibsonfirm.law |
| Lead Attorney(s) | Sujata S. Gibson, Esq. |
| Description of Case | State Court Challenge to NYC DOE Medical Exemption Policy A new lawsuit will be filed soon challenging the DOE’s medical exemption policy. The policy, which refuses medical accommodation unless a person can prove they are allergic to all four vaccines, violates the New York City and New York State Human Rights Laws, which each require reasonable accommodation for disabilities. Underlying health conditions qualify as disabilities. Pursuant to their policy, the DOE not only refused to grant hundreds of disabled employees reasonable accommodation in the first instance, but recently doubled down and revoked all medical exemptions (as far as we are aware) that were previously granted. We are bringing one lawsuit challenging policy and between a panel of medical freedom attorneys also intend to bring up to 80 additional individual lawsuits on behalf of the employees whose exemptions were revoked. |
| Most recent and important update(s) | As of February 1, 2023 After learning that 80 plus lawsuits were about to be filed, DOE pushed back the termination date to February 11, 2023. If no resolution can be reached soon, these petitions will go in on an emergency basis imminently. |
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JIMMY WAGNER
| Law Firm(s) | Jimmy Wagner, Esq. 2055 Flatbush Ave Brooklyn, NY 11234 929-477-8889 http://www.Jwagnerlegal.com Jimmy013@gmail.com |
| Lead Attorney(s) | Jimmy Wagner |
| Description of Case | I have brought numerous Article 78 cases for bothReligious and Medical accommodations for teachersand other municipal employees, challenging the denialof religious accommodations by the employer.As it relates to teachers I have been both successfuland unsuccessful. I am appealing the unsuccessfulcases.As it relates to Police officers, I have been verysuccessful with one exception, which I am also appealing. |
| Most recent and important update(s) | As of February 1, 2023There has been a wide range of success across thefive boroughs in New York City all coming to asimilar conclusion that municipal employees weredenied basic due process in the accommodationprocedure. |
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| Law Firm(s) | Jimmy Wagner, Esq. 2055 Flatbush Ave Brooklyn, NY 11234 929-477-8889 http://www.Jwagnerlegal.com Jimmy013@gmail.com |
| Lead Attorney(s) | Jimmy Wagner |
| Description of Case | I have 10 individual cases pending on behalf of tenuredteachers wherein we challenged LWOP without a 3020hearing. 9 of 10 denied, we are appealing. Theremaining case in the lower court is up for order to showcause to amend the pleading.If you are interested in seeing the arguments they areon the Internet before the 1st Department:Here 10/26/22 it starts at 34:45 roughly : https://youtu.be/L5pH7F_0Em0Here is 10/27/22 it starts at 54:36 roughly : https://youtu.be/G_9xd8EL37wLet me know what you think. |
| Most recent and important update(s) | We are waiting on a decision from the 1st Department andif we are denied we have every intention of going to theCourt of Appeals (NY’s highest Court) if we are grantedpermission. |
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| Law Firm(s) | Jimmy Wagner, Esq. 2055 Flatbush Ave Brooklyn, NY 11234 929-477-8889 http://www.Jwagnerlegal.com Jimmy013@gmail.com |
| Lead Attorney(s) | Jimmy Wagner |
| Description of Case | On January 27, 2023, for a NYC Police Officer, I was ablehave him reinstated back to his job underNew York City Human Rights Law (NYCHRL). Manypeople have missed the very short four month statute oflimitations for an Article 78. What I have done is crafted alegal theory under NYCHRL that shows the Court anunlawful discriminatory practice took place, so thereforethe Court should uses the broad and unique powersdelegated to the Court under NYCHRL to correct thediscriminatory action immediately. |
| Most recent and important update(s) | This case can be a foundational case for us as attorneys touse to assist clients who missed their four month Article 78Statute of limitations to achieve very similar results for employees. |
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CHAD LAVEGLIA
| Law Firm(s) | LAW OFFICE OF CHAD J. LAVEGLIA PLLC phone: 631-450-2468 website: www.cjlawny.com |
| Lead Attorney(s) | CHAD J. LAVEGLIA |
| Description of Case | GARVEY et al., v CITY OF NEW YORK Defeated Adam’s Vaccination Mandate for public sector employees. Court found it to be arbitrary and capricious, violative of the substantiative and procedural due process clause, equal protection clause, and separation of powers. The Court also held that the Commissioner of Health and Mental Hygiene had no authority to exempt public workers from going to their place of work for failing to comply. Sanitation workers reinstated and awarded backpay. |
| Most recent and important update(s) | City filed a notice of appeal which automatically stayed the backpay and reinstatement. The City has not filed an appeal yet. They have until March 27, 2023. |
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| Law Firm(s) | LAW OFFICE OF CHAD J. LAVEGLIA PLLC phone: 631-450-2468 website: www.cjlawny.com |
| Lead Attorney(s) | CHAD J. LAVEGLIA |
| Description of Case | DEMETRIOU et al., v NYS Department of Health et al., Defeated 10 NYCRR 2.60 which gave the commissioner of health the power to make masking determinations with the full force of law whenever she feels like it. These determinations are limitless and unchecked. The commissioner could decide to require every New Yorker be masked or only healthcare workers for example. There is no criteria, or bounds. Further, the Governor made a law dressed up as a regulation. The Legislature never authorized the DOH to expand their powers or the Commissioner to make “masking determinations.” They made it up, circumvented our elected officials and the people directly. The Governor also violated the State Administrative Procedure Act. |
| Most recent and important update(s) | Waiting for a date for oral arguments in the Second Department Appellate Division |
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| Law Firm(s) | LAW OFFICE OF CHAD J. LAVEGLIA PLLC phone: 631-450-2468 website: www.cjlawny.com |
| Lead Attorney(s) | CHAD J. LAVEGLIA |
| Description of Case | Garvey et al., v NYC Eric Adams et al., §1983 claim against Eric Adams for violating the rights of 16 Sanitation workers under the equal protection clause based on the Vaccine Mandate. |
| Most recent and important update(s) | Recently filed. |
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| Law Firm(s) | LAW OFFICE OF CHAD J. LAVEGLIA PLLC phone: 631-450-2468 website: www.cjlawny.com |
| Lead Attorney(s) | CHAD J. LAVEGLIA |
| Description of Case | Kambouris et al., v NYC Department of Education et al., 30 teachers falsely accused of submitting fake vax cards. DOE illegally placed them on LWOP for four months, then put them in rubber rooms. DOE did not provide them with any due process as the law requires. The Court found that the DOE violated the Education Law and Ordered them to put the teachers back into the same position they were in before unlawfully being placed on LWOP. The court also permanently enjoined the DOE from disciplining these teachers again without following the law. |
| Most recent and important update(s) | Reinstated with full backpay. No appeal. Big victory for ALL teachers from being subjected to the whims of the DOE. |
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| Law Firm(s) | LAW OFFICE OF CHAD J. LAVEGLIA PLLC phone: 631-450-2468 website: www.cjlawny.com |
| Lead Attorney(s) | CHAD J. LAVEGLIA |
| Description of Case | Coughlin et al., v NYS Unified Court System et al., Over 100 court employees suing the court system over its vaccine mandate. For the first time, this case challenges the science and rational for it in a posture where a jury—instead of a single judge—could decide the issues. |
| Most recent and important update(s) | In federal court. We are opposing their motion to dismiss. |
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| Law Firm(s) | LAW OFFICE OF CHAD J. LAVEGLIA PLLC phone: 631-450-2468 website: www.cjlawny.com |
| Lead Attorney(s) | CHAD J. LAVEGLIA |
| Description of Case | DiPierro et al., v NYS Unified Court System et al., Title VII case alleging the court system discriminated against Plaintiffs based on their religious beliefs. |
| Most recent and important update(s) | Case recently filed. |
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