By Michael Kane
Just days after Kane v. de Blasio, Keil v. NYC and New Yorkers for Religious Liberty (NYFRL) v. NYC were forcefully argued in the 2nd Circuit Court of Appeals, attorney Sujata Gibson files another lawsuit with many of the same plaintiffs along with Teachers for Choice in New York State Supreme Court.
When Kane plaintiffs filed in federal court back in 2021, their state claims were put on hold, meaning the statute of limitations was frozen in time. This reality has made this particular set of plaintiffs ideal for filing an article 78 in state court.
This case does not make the arguments that Kane / Keil / NYFRL make regarding federal First Amendment constitutional violations, but rather focuses on applicable state and local laws.
The new lawsuit is an impact litigation that, if successful, has all intentions of certifying a class so all similarly situated NYC workers might benefit. No new plaintiffs are being invited to join the case, but everyone should watch it closely.
The lawsuit was filed right as Mayor Eric Adams stated it wasn’t right for NYC employees to “do whatever they wanted” when we decided to not get vaccinated. I took to Twitter to make comments directly to Mayor Adams; watch my comments by clicking on the following tweet:
"Do whatever we want?"@NYCMayor here is a message from #TeachersForChoice founder Michael Kane@ericadamsfornyc your time us almost up!@bravest4choice @TeachLiberty1 @ChildrensHD @progressiveact @KyrieIrving @TheJohnGilmore1 @NOYKreport @nanalatinaAA @sujatagibson pic.twitter.com/jI1j3hjN2n
— Teachers for Choice (@teacher_choice) February 12, 2023
Source: Teachers for Choice
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