Tag Archives: New York

U.S. Supreme Court rejects religious challenge to New York vaccine mandate

By Andrew Chung

(Reuters) – The U.S. Supreme Court on Monday rejected challenges brought by a group of Christian doctors and nurses and an organization that promotes vaccine skepticism to New York’s refusal to allow religious exemptions to the state’s mandate that healthcare workers be vaccinated against COVID-19.

Acting in two cases, the justices denied emergency requests for an injunction requiring the state to permit religious exemptions while litigation over the mandate’s legality continues in lower courts. Conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have granted the injunction.

The Supreme Court previously rejected other challenges to vaccine mandates including one focusing upon Maine’s lack of a religious exemption for healthcare workers.

The New York challengers said the mandate violates the U.S. Constitution’s First Amendment prohibition on religious discrimination by the government, or a federal civil rights law requiring employers to reasonably accommodate employees’ religious beliefs. A lower court rejected their bid for an injunction.

New York’s Department of Health on Aug. 26 ordered healthcare professionals who come in contact with patients or other employees to be vaccinated by Sept. 27. That deadline was delayed to Nov. 22.

The state has said that under the policy employers can consider religious accommodation requests and employees can be reassigned to jobs such as remote work.

The state said it allows a narrow medical exemption for the small number of people with a serious allergic reaction to the COVID-19 vaccines. It said longstanding healthcare worker vaccine mandates for measles and rubella also have no religious exemptions.

One lawsuit was brought by a group of 17 doctors, nurses and other healthcare providers, most of whom are Catholic, who sued under pseudonyms, denouncing “medical dictatorship.” Sixteen said they were fired or suspended under the policy, while one nurse agreed to be vaccinated to keep her job.

In a dissent in that case, Gorsuch said the mandate seemed based “on nothing more than fear and anger at those who harbor unpopular religious beliefs.” Joined by Alito, Gorsuch chastised the court for not protecting the challengers, saying that it “is always the failure to defend the Constitution’s promises that leads to this court’s greatest regrets.”

The other case involved a challenge by three Christian nurses, who are members of We the Patriots USA, a Connecticut-based group that is also a plaintiff. The group opposes vaccine mandates and advocates for various causes including what it called “medical freedom.”

In a video on the group’s website, co-founder Brian Festa said, “We were fighting against vaccine mandates. We were fighting to reveal the truth about what’s in these shots, long before COVID was even a thing.”

These plaintiffs are represented by Norman Pattis, a lawyer known for defending conspiracy theorist Alex Jones, founder of the right-wing website Infowars, against defamation lawsuits after he falsely called a 2012 Connecticut school mass shooting a “hoax.”

According to government data, about 84% of U.S. adults have received at least one dose of a COVID-19 vaccine and 72% are fully vaccinated. A minority of Americans has declined to get the shots.

In legal filings, the New York challengers said that they believe abortion is “evil” and object to any COVID-19 vaccine whose development relied on cell lines from aborted fetuses.

The three COVID-19 vaccines authorized for U.S. use do not contain aborted fetal cells. Laboratory-grown cells that descended from the cells of an aborted fetus obtained decades ago were employed in testing during the vaccine development process. Drug efficacy and safety testing using such cell lines is routine.

(Reporting by Andrew Chung in New York; Editing by Will Dunham)

New York governor orders masks indoors for businesses without COVID-19 vaccine requirement

(Reuters) -New York Governor Kathy Hochul said on Friday that starting next week, face coverings must be worn inside all businesses and venues unless they have implemented a vaccine requirement, as cases of COVID-19 rise in the state.

The measure will be in effect from Dec. 13 to Jan. 15 in order to curb the spread of the virus during the holidays when more time is spent indoors shopping and gathering, she said in a statement.

“We shouldn’t have reached the point where we are confronted with a winter surge, especially with the vaccine at our disposal, and I share many New Yorkers’ frustration that we are not past this pandemic yet,” Hochul said.

While 80% of New Yorkers are fully vaccinated, the state has seen a recent surge in the spread of the virus, which has killed more than 46,000 residents.

Since Thanksgiving, the statewide seven-day average case rate has jumped by 43% and hospitalizations have increased by 29%, state data showed.

(Reporting by Brendan O’Brien; Editing by Chizu Nomiyama and Bill Berkrot)

U.S. EPA allocates billions in water funding from infrastructure law to states

By Valerie Volcovici

WASHINGTON (Reuters) – The U.S. Environmental Protection Agency on Thursday released over $7 billion to state governments and tribes to upgrade drinking and waste water systems, the first allotment of clean water funds that was approved in the bipartisan infrastructure bill signed into law last month.

The installment is part of $44 billion in clean water funds that will be dispersed over five years through a federal-state partnership program. The Biden administration has touted the benefits for states that will flow from the $1 trillion infrastructure law, which President Joe Biden signed on Nov. 15 after months of congressional negotiations.

The $1 trillion in infrastructure spending features what the EPA describes as the “single-largest investment in U.S. water infrastructure ever.”

Over half of the $7.4 billion in state revolving funds (SRFs) that the agency will allocate to states for 2022 will be available as grants or principal forgiveness loans that are meant to make it easier for underserved urban and rural communities to access.

“Billions of dollars are about to start flowing to states and it is critical that EPA partners with states, Tribes, and territories to ensure the benefits of these investments are delivered in the most equitable way,” said EPA Administrator Michael Regan.

He urged that the money be used to “correct longstanding environmental and economic injustices across America.”

EPA Assistant Administrator Radhika Fox will soon issue national program guidance from the EPA’s Office of Water to help agencies best use the billions that will become available.

SRFs, which provide low-cost federal financing, have been used for decades by states to invest in their water infrastructure but many vulnerable and poor communities facing water challenges have not historically accessed their fair share of funds. Regan said he wants the new flow of money from the infrastructure bill will correct the disparities.

California, Texas and New York – the biggest states – will receive the largest share of SRF funds.

(Reporting by Valerie Volcovici; Editing by Aurora Ellis)

In U.S. Supreme Court case, the past could be the future on abortion

By Lawrence Hurley

OXFORD, Miss. (Reuters) – Just months before she was set to start law school in the summer of 1973, Barbara Phillips was shocked to learn she was pregnant.

Then 24, she wanted an abortion. The U.S. Supreme Court had legalized abortion nationwide months earlier with its landmark Roe v. Wade ruling recognizing a woman’s constitutional right to terminate a pregnancy. But abortions were not legally available at the time in Mississippi, where she lived in the small town of Port Gibson.

Phillips, a Black woman enmeshed in the civil rights movement, could feel her dream of becoming a lawyer slipping away.

“It was devastating. I was desperate,” Phillips said, sitting on the patio of her cozy one-story house in Oxford, a college town about 160 miles (260 km) north of Jackson, Mississippi’s capital.

At the time of the Roe ruling, 46 of the 50 U.S. states had some sort of criminal prohibitions on abortion. Access often was limited to wealthy and well-connected women, who tended to be white.

With a feminist group’s help, Phillips located a doctor in New York willing to provide an abortion. New York before Roe was the only state that let out-of-state women obtain abortions. She flew there for the procedure.

Now 72, Phillips does not regret her abortion. She went on to attend Northwestern law school in Chicago and realize her goal of becoming a civil rights lawyer, with a long career. Years later, she had a son when she felt the time was right.

“I was determined to decide for myself what I wanted to do with my life and my body,” Phillips said.

U.S. abortion rights are under attack unlike any time since the Roe ruling, with Republican-backed restrictions being passed in numerous states. The Supreme Court on Dec. 1 is set to hear arguments in a case in which Mississippi is seeking to revive its law, blocked by lower courts, banning abortion after 15 weeks of pregnancy. Mississippi has raised the stakes by explicitly asking the court, which has a 6-3 conservative majority, to overturn Roe v. Wade.

Such a ruling could turn back the clock in Mississippi, which currently has just one abortion clinic, and other states to the kind of environment on abortion access that Phillips experienced nearly a half century ago.

Large swathes of America could return to an era in which women who want to end a pregnancy face the choice of undergoing a potentially dangerous illegal abortion, traveling long distances to a state where the procedure remains legal and available or buying abortion pills online.

Mississippi’s abortion law is not the only one being tested at the Supreme Court. The justices on Nov. 1 heard arguments in challenges to a Texas law banning abortion at about six weeks of pregnancy, but have not yet ruled.

TRIGGER LAWS

Mississippi is one of a dozen states with so-called trigger laws that would immediately ban abortion in all or most cases if Roe is overturned, according to the Guttmacher Institute, a research group that supports abortion rights.

Many are in the South, so a Mississippi woman would be unable to obtain an abortion in neighboring Louisiana, Arkansas, Tennessee or Alabama. The nearest states where abortion would remain legal, at least in the short term, would be Illinois and Florida.

The average distance a Mississippi woman would need to drive to reach a clinic would increase from 78 miles to 380 miles (125 to 610 km) each way, according to Guttmacher.

While some abortion rights advocates fear a return to grisly illegal back-alley abortions, there has been an important development since the pre-Roe era: abortion pills. Mississippi is among 19 states imposing restrictions on medication-induced abortions.

Mississippi officials are cagey on what a post-Roe world might look like. Republican Attorney General Lynn Fitch, who asked the court to overturn Roe, declined an interview request, as did Republican Governor Tate Reeves.

Mississippi Commissioner of Agriculture and Commerce Andy Gipson, who as a Republican state legislator helped shepherd the 2018 passage of the 15-week ban, called Roe v. Wade “antiquated, old law based on antiquated and old science.”

Gipson in an interview declined to answer questions about what Mississippi – or the southeastern United States – would be like without abortion rights, focusing on the specifics of the 15-week ban.

“It’s a false narrative to paint this as a picture of an outright ban throughout the southeast,” Gipson said, noting that the Supreme Court does not have to formally overturn Roe to uphold Mississippi’s law.

In court papers, Fitch said scientific advances, including contested claims that a fetus can detect pain early in a pregnancy, emphasize how Roe and a subsequent 1992 decision that reaffirmed abortion rights are “decades out of date.”

Abortion rights advocates have said any ruling upholding Mississippi’s law would effectively gut Roe, giving states unfettered power to limit or ban the procedure.

Phillips worries about a revival of dangerous, unregulated abortions that imperil women’s lives.

“I’m afraid that many more women and girls will be in back alleys,” Phillips said. “I’m worried we are going to find them in country roads, dead.”

(Reporting by Lawrence Hurley; Editing by Will Dunham and Scott Malone)

Foreign tourists back in New York, long business recovery seen ahead

By Tyler Clifford

NEW YORK (Reuters) – New York has launched its largest tourism advertising campaign in history. John F. Kennedy International Airport bustles again with foreign passengers. The holiday season promises peak travel cheer, with more visitors on streets and in stores.

But souvenir shops, horse carriage drivers and small businesses that rely on vacationers said it could take weeks, or longer, to revive their fortunes, especially to robust pre-pandemic levels.

“I’m just pessimistic, that they’re not going to return in the way people think they will,” said Daniel Zambrzycki, the owner of Gifts on the Square in Times Square, one of the world’s most-visited tourist sites. “It’s a snail-pace progression.”

International tourists bring something different to New York than domestic travelers, city tourism officials said. They tend to spend more, stay longer, and bring a mix of cultures, accents and attitudes that reinforce its cosmopolitan feel.

How and when New York tourism emerges from the pandemic after U.S. curbs on foreign travel were eased on Nov. 8 is something that business owners, city officials and other top tourist destinations are closely watching.

Vijay Dandapani, chief executive of the Hotel Association of New York City, sees the country’s most populous city as a litmus test for tourism in the rest of the country.

“New York is the biggest destination,” he said. “Many stop here and go on to other places.”

Current forecasts are not encouraging. This year, NYC & Co, the city’s tourism agency, expects total visitor spending of $24 billion, down from about $47 billion in 2019.

Just 2.8 million foreign visitors are expected this year, a far cry from the record 13.5 million in 2019, when they accounted for 20% of all visitors and half of the spending.

International visitors could triple to 8.5 million next year, NYC & Co spokesman Chris Heywood said. But a rebound to 2019 levels may not come until 2025, two years after domestic travel is expected to recover.

By comparison, it took five years for international tourism in the city to fully recover following the attacks on Sept. 11, 2001, according to the agency.

‘IT TAKES TIME’

Some souvenir stores in the Times Square area closed for good after pandemic restrictions shut down discretionary travel from much of the world, making parts of New York feel like a ghost town. While pedestrian traffic has picked up since the summer, shops that remain are operating through uncertainty.

Zambrzycki, for one, worries that spikes in crime and homelessness since the pandemic began in March 2020 will deter some foreign visitors.

He said revenues at his store remained down 65% from 2019. He has no immediate plans to restore store hours or enlarge his four-person staff – half the number in 2019.

Jalal Alif, who manages a shop called I Love NY by Phantom of Broadway, also sees no quick surge in customer traffic.

“It takes time,” Alif said, standing in the middle of the nearly empty store. “It’s not going to be the same like before.”

To jumpstart a rebound, NYC & Co has launched a $30 million tourism campaign, its largest, with $6 million dedicated to key international markets, including the United Kingdom, Canada, Mexico, Brazil and South Korea, Heywood said.

“Our goal really is to create urgency to book now and ensure that New York is at the top of the priority list for international travel.”

About 20 blocks north of Times Square, Kieran Emanus has offered rides through Central Park in his horse-drawn carriage for decades. Like a visit to the Statue of Liberty, the experience is on the bucket list of many out-of-town visitors.

Emanus enjoyed a modest uptick in bookings in the first week after restrictions were lifted. A good day before the pandemic would have had six carriage bookings on weekdays and 12 on weekends, he said. Now, “if you get eight on a weekend day, you are very happy.”

But there are hopeful signs.

Six groups from Britain were among Emanus’ recent customers, he said. “I hadn’t seen an English person since the pandemic.”

(Reporting by Tyler Clifford in New York; Editing by Richard Chang)

U.S. Supreme Court poised for major gun rights case from New York

By Andrew Chung and Lawrence Hurley

WASHINGTON (Reuters) -The U.S. Supreme Court returns to the divisive issue of gun rights on Wednesday with arguments in a challenge to New York state’s limits on carrying concealed handguns in public – a case that could imperil certain firearms restrictions nationally.

The justices are set to hear an appeal by two gun owners and the New York affiliate of the National Rifle Association, an influential gun rights group closely aligned with Republicans, of a lower court ruling throwing out their challenge to the state’s law, enacted in 1913.

Ahead of the oral arguments, advocates for gun control held a rally outside the courthouse, with victims of gun violence including former Democratic Representative Gabby Giffords speaking about their experiences. Giffords was shot in the head in 2011 at a community meeting in Arizona.

Across the street, a small group of gun rights activists posted signs including one reading, “We stand for the Bill of Rights,” a reference to the U.S. Constitution’s Second Amendment right to keep and bear arms.

Lower courts rejected the argument by the plaintiffs that the New York law violates the Second Amendment. The lawsuit seeks an unrestricted right to carry concealed handguns in public.

The court’s 6-3 conservative majority is considered sympathetic to an expansive view of Second Amendment rights.

The case could yield the most important gun rights ruling in more than a decade. The court in 2008 recognized for the first time an individual’s right to keep guns at home for self-defense, and in 2010 applied that right to the states.

New York’s law requires a showing of “proper cause” for carrying concealed handguns. To carry such a weapon without restrictions, applicants must convince a state firearms licensing officer of an actual, rather than speculative, need for self-defense.

Decisions by Justice Richard McNally Jr., a state trial court judge, to deny gun owners Robert Nash and Brandon Koch unrestricted concealed-carry licenses triggered the legal fight. Nash and Koch, along with the New York State Rifle and Pistol Association, sued in federal court.

The plaintiffs have argued that the right to self-defense matters most outside the home because that is where the chance of confrontation is highest.

New York has justified its law by arguing that analogous restrictions run from medieval England through the founding of the United States and ever since. The plaintiffs have argued that centuries-old restrictions were limited to dangerous and unusual weapons, not common arms for self-defense like handguns, and that many of America’s founders “carried firearms and supported the right to do so.”

Advocates for gun restrictions fear that the New York case could threaten other state and local measures such as “red flag” laws targeting the firearms of people deemed dangerous by the courts, expanded criminal background checks for gun buyers or restrictions on selling untraceable “ghost” guns.

Eight states including New York empower officials to decide whether people can carry concealed handguns in public even if they pass criteria such as criminal background checks. New York has said that about two-thirds of applications for unrestricted permits are granted in the state, amounting to tens of thousands annually.

Gun rights, held dear by many Americans, are a contentious issue in a nation with high levels of firearms violence. President Joe Biden has called gun violence a “national embarrassment.”

The Supreme Court’s ruling is due by the end of June.

(Reporting by Andrew Chung; Editing by Will Dunham)

New York prepares for fallout from vaccine mandate resisted by many police, firefighters

NEW YORK (Reuters) – New York woke up on Monday to its first full workday under Mayor Bill de Blasio’s order that all city workers be vaccinated for COVID-19, with many police officers and firefighters still refusing the shot and one labor leader calling the mandate a recipe for disaster.

De Blasio, a Democrat who announced the mandate less than two weeks ago, has assured the city of 8.8 million people that officials could handle any shortage of police, firefighters or sanitation workers through schedule changes and overtime.

“Another great uptick to report. @FDNY EMS vaccine rates are up to 87%,” Danielle Filson, a press deputy for de Blasio, tweeted on Sunday night.

The percentage of inoculated police officers and firefighters is below that of other city employees, and union leaders say de Blasio will be to blame if emergency services are left in disarray in the largest U.S city.

“We need everyone we can to keep the city running and keep it safe. We’re trying to avoid what is going to be an inevitable disaster by design on Monday morning,” Andrew Ansbro, president of the Uniformed Firefighters Association, told a news conference on Friday.

Union leaders say their members were given only nine days to comply with the mayor’s vaccination deadline and that workers who have already been ill with COVID-19 should be granted an exemption. That includes some 70% of firefighters, Ansbro said.

The dispute is the latest nationwide over vaccine mandates that have been increasingly imposed by political leaders, including President Joe Biden, to help stem the spread of the highly contagious Delta variant. Police officers and firefighters in Chicago and Los Angeles have also pushed back hard.

New York City health officials say that while research has yet to determine the degree and length of immunity from COVID-19 following an infection and illness, experts agree that vaccines can afford additional protection.

De Blasio has forecast that vaccination rates for city workers would continue to rise significantly.

The mayor said similar deadlines for other New York state and city workers prompted a rush for last-minute shots as reality set in that paychecks were about to stop coming.

Legal challenges by police and fire unions in New York City and elsewhere have so far been unsuccessful, with state and federal courts reluctant to overturn vaccine mandates.

(Reporting by Peter Szekely and Trevor Clifford in New York; Writing and additional reporting by Dan Whitcomb; Editing by Peter Cooney)

NRA draws court’s resistance in appeal over New York gun store closures

By Jonathan Stempel

NEW YORK (Reuters) – A federal appeals court panel on Wednesday cast doubt on an effort by the National Rifle Association to revive its lawsuit challenging New York state’s closing of gun stores early in the COVID-19 pandemic because they were “non-essential” businesses.

The NRA, which is also defending itself against a lawsuit by New York’s attorney general seeking its dissolution, had sued over a March 2020 executive order by then-Governor Andrew Cuomo, saying the closures violated the Second Amendment and other provisions of the U.S. Constitution.

A federal judge dismissed the NRA’s lawsuit in August 2020, but Cuomo’s order was later rescinded and another legal challenge to the order was declared moot.

Philip Furia, a lawyer for the NRA, told the 2nd U.S. Circuit Court of Appeals in Manhattan that the gun rights group still had “viable claims,” but drew skepticism in arguing it be allowed to replead its case and seek compensatory damages.

“I’m not sure what you want,” Circuit Judge Michael Park said. “I’m not sure what this lawsuit is about anymore.”

Brian Ginsberg, a lawyer for the state, said there were constitutional problems with a repleading, and the NRA already had three chances to seek compensatory damages.

“This would be the fourth bite at the apple, and I think that’s at least two bites too many,” he said.

The appeals court did not say when it will rule.

In seeking the NRA’s dissolution, state Attorney General Letitia James has said the group, a New York nonprofit, is racked by corruption, including by diverting millions of dollars to insiders including longtime Chief Executive Wayne LaPierre.

The NRA had in January filed for bankruptcy and sought to reincorporate in the more gun-friendly Texas, but a judge called the Chapter 11 case an improper effort to gain an “unfair litigation advantage” and avoid James’ oversight.

James is also seeking LaPierre’s ouster.

The case is National Rifle Association of America v Cuomo et al, 2nd U.S. Circuit Court of Appeals, No. 20-3187.

(Reporting by Jonathan Stempel in New York; Editing by Mark Porter)

New York City police union files lawsuit to block vaccine mandate

By Kanishka Singh

(Reuters) – New York City’s police union filed a lawsuit on Monday against a vaccine mandate for municipal workers ordered last week by Mayor Bill de Blasio.

The mayor on Wednesday ordered all city employees to show proof of inoculation against COVID-19 or be placed on unpaid leave, drawing the union’s ire.

The Police Benevolent Association of the City of New York said on Twitter that it had filed a suit in the state Supreme Court. It asked the court for a temporary restraining order to halt the mandate while the suit remains pending.

The union added on Twitter that there was “still no written, NYPD-specific policy guidance on how the mandate will be implemented.”

The mayor set a deadline of 5 p.m. this coming Friday for employees to show proof of inoculation to a supervisor. Over 70% of all 160,000 New York City workers, including a similar percentage in the police department, have already received at least one dose, the mayor said.

Patrick Lynch, president of the Police Benevolent Association representing the city’s 50,000 active and retired officers, said they should have the opportunity to choose whether to get the vaccine.

De Blasio cited overtime and redeployments as contingency plans should a large contingent of those officers and other unvaccinated city workers refuse to comply with the mandate.

Municipalities, school districts and other jurisdictions throughout the country are grappling with masking and vaccination requirements. The number of new COVID-19 cases has steadily declined in the United States since a surge caused by the Delta variant of the virus during the summer.

De Blasio had said employees will no longer have the option to be regularly tested instead of getting the vaccine, but added the city will still grant medical and religious exemptions.

(Reporting by Kanishka Singh in Bengaluru; Editing by Howard Goller)

New York must allow religious exemptions to COVID-19 vaccine mandate, judge rules

By Tom Hals and Nate Raymond

(Reuters) -A federal judge ruled on Tuesday that New York state cannot impose a COVID-19 vaccine mandate on healthcare workers without allowing their employers to consider religious exemption requests.

U.S. District Judge David Hurd in Albany, New York, ruled that the state’s workplace vaccination requirement conflicted with healthcare workers’ federally protected right to seek religious accommodations from their employers.

The ruling provides a test case as vaccine mandate opponents gear up to fight plans by President Joe Biden’s administration to extend COVID-19 inoculation requirements to tens of millions of unvaccinated Americans.

Vaccines have become highly politicized in the United States, where only 66% of Americans are vaccinated, well short of the initial goals of the Biden administration.

Seventeen healthcare workers opposed to the mandate sued, saying the requirement violated their rights under the U.S. Constitution and a federal civil rights law requiring employers to reasonably accommodate employees’ religious beliefs.

Hurd agreed, saying the state’s order “clearly” conflicted with their right to seek religious accommodations.

“The court rightly recognized that yesterday’s ‘front line heroes’ in dealing with COVID cannot suddenly be treated as disease-carrying villains and kicked to the curb by the command of a state health bureaucracy,” said Christopher Ferrara, a lawyer for the workers at the conservative Thomas More Society.

New York Governor Kathy Hochul, a Democrat, vowed in a statement to fight the decision, saying her “responsibility as governor is to protect the people of this state, and requiring health care workers to get vaccinated accomplishes that.”

At least 24 states have imposed vaccine requirements on workers, usually in healthcare.

New York’s Department of Health on Aug. 26 ordered healthcare professionals to be vaccinated by Sept. 27 and the order did not allow for the customary religious exemptions.

Hurd issued a temporary restraining order on Sept. 14 in favor of the workers while he considered whether to issue a preliminary injunction.

(Reporting by Tom Hals in Wilmington, Delaware and Nate Raymond in Boston; Editing by Noeleen Walder and Peter Cooney)