Mayor Bill de Blasio is being sued by small businesses of New York City, who filed a petition, state that requiring proof of vaccination against coronavirus will severely disrupt their customer base, infringe upon their right to property, and impede upon their right to conduct private business on that property.
The businesses also argued that they were unfairly targeted, while other congregated establishments, such as grocery stores, pharmacies and churches, are not effected by vaccine mandates.
New York businesses have been struggling to bounce back from the 12+ month shutdowns, after Cuomo finally lifted mandates in June 2021. It is “an uncontested fact that unvaccinated and vaccinated individuals can both contract Covid-19 and the so-called ‘Delta’ variant, further illustrating the arbitrariness of this executive order,” the businesses stated in the complaint.
“Restaurants, and gyms too, have borne the brunt of the the pandemic mandates,” said Mark Fonte, a lawyer for the group. “Restaurants are basically being forced to act. They’ve been deputized as law enforcement arm for the mayor against their will.”
As Supreme Court Justices Alito,
Gorsuch and Kavanaugh put it:
“For months now, states and their subdivisions have responded to the pandemic on personal liberty. . . . This initial response was understandable. In times of crisis, public officials must respond quickly and decisively to evolving and uncertain situations. At the dawn of an emergency — and the opening days of the Covid-19 outbreak plainly qualified — public officials may not be able to craft tailored rules.”
“Time, information, and expertise may be in short supply, and those responsible for enforcement may lack the resources needed to administer rules that draw fine distinctions. Thus, at the outset of an emergency, it may be appropriate for courts to tolerate very blunt rules. In general, that is what has happened thus far during the Covid- 19 pandemic.”
“But a public health emergency does not give Governors and other public officials carte blanche to disregard the Constitution for as long as the medical problem persists. As more medical and scientific evidence becomes available, and as States have time to craft policies in the light of the evidence, courts should expect policies that more carefully account for constitutional rights.
Calvary Chapel Dayton Valley v. Sisolak, 140 S. Ct. 2603,”
The case is Independent Restaurant Owners et al v. Bill de Blasio, 85155/2021, Supreme Court of New York, County of Richmond