Today (September 6) Judge Ralph Porzio ruled that 10 out of 17 plaintiffs in the DiCapua v. City of New York case should report to work tomorrow, reinstated with all of our seniority and ordered backpay. He ruled that the religious exemptions that were denied to us are now granted. The case is backed by Children’s Health Defense and would have never made it to court without the support and vision of Robert F. Kennedy Jr.
Over 100 people came to be part of a non-denominational prayer vigil that convened right before the hearing. Pictured above are those 100+ people entering the courthouse.
Judge Porzio denied 5 of the plaintiffs because they have already returned to their jobs, but 3 were denied because he claimed they did not “exhaust” the full administrative process to obtain a religious exemption. Our attorney Sujata Gibson disagrees with this interpretation of the facts and is likely to challenge this specific decision.
The request for certification of a class action lawsuit was denied largely because Judge Porzio said the class requested was too broad, however this leaves wide open the possibility of making a new request for a more narrow class action. Our attorneys are discussing various strategies in terms of how to move forward to receive relief for all who have been impacted.
This is a very, very positive decision and step in the right direction for all of us. The 10 plaintiffs who were reinstated with backpay today have been fighting in court since September or 2021; almost two years to the day.
This is only the beginning. Please subscribe to this substack to receive legal updates regarding cases supporting NYC workers fired for declining covid vaccination, especially teachers, educators and workers with NYC Schools.
Download the judge’s 22-page decision here: