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Judge blocks medical worker vaccine mandate in NY state

Published: Sep. 14, 2021 at 2:16 PM EDT
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UTICA, New York (WWNY) - A federal judge has temporarily blocked the state of New York from forcing medical workers to be vaccinated after a group of health care workers sued, saying their Constitutional rights were violated.

Judge David Hurd in Utica issued the order (see below) Tuesday after 17 health professionals, including doctors and nurses, claimed that their rights were violated with a vaccine mandate that disallowed religious exemptions.

The plaintiffs argue that all of the available COVID-19 shots, “employ aborted fetus cell lines in their testing, development, or production.”

The judge gave New York state until September 22 to respond to the lawsuit in federal court in Utica.

The state issued the order August 28, requiring at least a first shot for health care workers at hospitals and nursing homes by September 27.

This is at least a temporary win for hospital workers who have decided not to get a shot.

The state mandate has left some hospitals hurting for workers. Lewis County Health System will put its maternity unit on pause beginning September 25 because of too many resignations.

Hospital officials tell 7 News that 81 percent of its staff is vaccinated, up from 76 percent on Monday. Officials say 120 staff members remain unvaccinated; 42 have resigned.

It’s unclear if those employees will be allowed to come back - even on a temporary basis.

It’s worth noting that President Biden also announced a federal vaccine mandate for health care workers. There’s no word yet on when that mandate would take effect.

See the health care workers’ lawsuit below:

See Judge David Hurd’s order below

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