Federal Judge Orders Temporary Restraining Order On Vaccine Mandate’s Lack Of Religious Exemption

OSWEGO COUNTY – On Tuesday, a federal judge ordered a temporary restraining order on New York State’s COVID-19 vaccination mandate for health care workers, suspending the mandate that was the reason for protest near the Oswego Hospital last weekend.

The mandate was put into question since the former governor, Andrew Cuomo, mandated all health care workers to get vaccinated without religious exemptions on August 16. That religious aspect of the mandate is part of the “unlawful” manner of it, according to the lawsuit.

Locally, one health care worker who does not want the vaccine is still uneasy, despite the temporary restraining order, as she is overwhelmed with the thought of another round of fighting against the mandate.

“I’ve been pushing for change, pushing to stand up,” an ultrasound technician at Oswego Hospital, Michele Bouchard, said. “I don’t know if I can go through it again. It is making me sick. I can’t sleep.”

While the mandate is on pause, the lawsuit is expected to be heard in court starting September 28. The plaintiffs, including nine doctors and five nurses, have argued that the mandate breaks the Civil Rights Act of 1965, New York State’s Human Rights Law and the 14th Amendment of the U.S. Constitution.

The defendants in the case are Gov. Kathy Hochul, Commissioner of the New York State Department of Health Howard Zucker and Attorney General Letitia James. Prior to the restraining order, the health department’s order required all health care workers to be fully vaccinated by September 27.

While the case is gearing up to begin, there is still a need for employees to get vaccinated, according to the county’s director of health, Jiancheng Huang.

“[In] this fight against the pandemic, the health care workers play an extremely important role,” Huang said. “They first need to protect themselves.”

Huang added that he finds it “puzzling” that some health care workers will not get vaccinated. According to Huang, some agencies are more than 10% unvaccinated.

Another major issue in the county is understaffing at a variety of agencies. 

“Currently, hospitals and many nursing homes already face a staff shortage and are not at full scale of their capacity,” Huang said.

With the required vaccinations, regardless of religious exemption, looming, the county could see an even bigger deficit of health care workers if the courts rule in favor of the mandate.

Bouchard added that if the mandate is upheld, she may “have to leave New York State.” missing or outdated ad config

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