Precedent Set for Bodily Autonomy

New York Teachers one step closer to their classrooms

On the afternoon of Wednesday, September 7, Michael Kane, founder of New York Teachers for Choice, and nine other teachers who were fired from their jobs for exercising their right to a religious exemption from the COVID-19 vaccine, got one step closer to their classrooms. 

The case was backed by Children’s Health Defense and was launched and funded when Robert F. Kennedy Jr. was the Chairman, with Sujata Gibson as the lead attorney on the case.

“It's bittersweet,” Kane said. “You know, it's great to have victory and be a part of it, but it's really sad to know how many thousands of people don't have that victory.”

Justice Ralph Porzio, a New York State Supreme Court Judge, ordered Kane and his colleagues to be reinstated in their respective roles as teachers with back pay, seniority and coverage of attorney fees. However, as Kane explained, he is still unable to teach. 

The New York District Attorney appealed Porzio’s order, according to Kane, who had a feeling this was going to happen. When a ruling is appealed, the decision gets reviewed and potentially overturned,which would reverse the order given by judge Porzio. 

“I actually went into my old school, talked with my principal—it went well but she said, ‘According to the Department of Education, your case is still under review.’ So until there's any change in that….there's nothing you can do here,’” Kane said.

Kane and his fellow plaintiffs were able to win this ruling on grounds that it was not an undue hardship to accommodate the educators. 

Siding with plaintiffs on the grounds of undue hardship, Porzio’s ruling states, “This court sees no rational basis for not allowing unvaccinated classroom teachers in amongst an admitted population of primarily unvaccinated students.” 

“I didn't think they were just going to let me in and [allow me to] start working,” said Kane, who currently works as a grassroots organizer for American Values2024, the super PAC supporting Robert F. Kennedy, Jr. for president. (American Values2024 also funds The Kennedy Beacon).

Justice Porzios’ ruling cites Kane v. DeBlasio and The New York City Mun. Labor Committee v. The City of New York, both of which have been in the courts for the last two years. 

Kane has endured the long process. He believes the ruling is an important precedent-setting case for people fighting for their religious exemption and bodily autonomy. 

“I'm really excited about that,” he said. “But we still have a long way to go, because ten people getting their jobs back…is a long way from 10,000 being made whole and getting compensated properly.”

In addition to this case and its appeal, there are other court cases tackling bodily autonomy. 

On September 19, the New York State Attorney Generals’ office announced that the mandate for healthcare workers will be lifted officially on October 4, 2023. 

This announcement comes after the success of Medical Professionals for Informed Consent v. Mary T. Bassett. That case, tried earlier in the year, featured group of medical professionals seeking refuge from the COVID-19 vaccine mandate for healthcare workers. 

The medical plaintiffs won the right to an exemption in January, but the case was appealed and went back to court in May of this year. 

Attorney Sujata Gibson, the lead attorney on both New York cases, argued on behalf of the medical plaintiffs and got the court to concede that the vaccine mandate for healthcare workers would be lifted later this year.   

This sets important precedent for cases that are won and then appealed as Judge Porzios’ ruling heads back into deliberations.