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NEW YORK – A police officer with NYPD who filed a lawsuit with the city of New York due to its COVID-19 vaccine mandate cannot be terminated for refusing the shot, according to a new “precedent-setting” ruling, the New York Post reported.
Officer Alexander Deletto, who is Catholic, sought a religious exemption, but it was denied by the city Feb. 15, and later shot down on appeal. The only explanation for denial was that it “does not meet criteria,” according to his lawsuit.
The nine-year police veteran filed suit the day before he was set to be fired on Aug. 5 for not complying with the city vaccination policy. A temporary restraining order blocked his termination until the case could be heard, which occurred Tuesday.
A Manhattan judge said Deletto, 43, should be allowed to keep his job in Tuesday’s ruling. Moreover, the judge noted the city really did not provide a reason why his request was denied.
“The hollow and generic phrase ‘does not meet criteria’ cannot be rational because not a single item particular to [Deletto] was discussed and not a single reason for the decision was given,” Manhattan Supreme Court Justice Arlene Bluth ruled.
“There is no indication that anybody even read [Deletto’s] arguments,” the judge wrote, adding, “It is the duty of the agency to explain why it made the decision.”
The legal ruling could assist more than 20 additional police officers in their cases, according The Post.
This is the first such ruling in an NYPD officer’s case fighting their possible firing over the mandate, according to attorney James Mermigis, who is representing Deletto.
“It’s a precedent-setting case,” Mermigis said of Deletto’s lawsuit. “It’s the first of its kind.”
Deletto is a father of five who works out of the 88th Precinct in Clinton Hill.
“His biggest concern when he wandered into my office in early August was how he was going to support his children,” Mermigis told The Post Wednesday. “He didn’t know what he was going to do, but under no circumstances was he going to betray his religious beliefs.”
Mermigis said his client was “elated” at the judge’s decision that he can continue working as a police officer and remain unvaccinated.
“He feels vindicated,” the attorney said, adding that Deletto can now breathe “a big sigh of relief.”
Mermigis represents another 20 officers with similar cases.
“My goal is to keep them employed,” the attorney said. “The last thing we need is to fire more cops when there is an acceleration of crime. These are people that were heroes during COVID that put their own safety at risk to help the city of New York and this is how the mayor treats them? It’s an absolute disgrace.”
Mermigis expects the city to appeal the decision, but believes the case is “appeal-proof.”
“It was so thoroughly analyzed by the judge. In my opinion, it’s appeal-proof,” he said.
As of July, 36 NYPD officers had been fired for refusing the COVID-19 shot, along with another 1,750 NYC workers, according to the news outlet.
City Hall and NYPD referred media outlets seeking comment to the city Law Department.
“A court has previously upheld the NYPD’s reasonable accommodation process, ruling it complies with all applicable laws,” said a spokesperson from the city Law Department. “Both the NYPD and a citywide appeals panel carefully reviewed this officer’s accommodation request. The city is reviewing this decision and is considering its options.”
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Source: www.lawofficer.com