I Was NOT Allowed to Work This Week — Updates and News Coverage of TEACHERS FOR CHOICE Lawsuit

By Michael Kane

(Everyone please join us this Saturday, September 9th at 10 am in Manhattan at the Labor Day Parade – meet at the NY Public Library on 42nd and 5th Ave by the lion statues).

On September 6, an order was given to me from the bench of Judge Ralph Porzio to return to my job as an NYC teacher the next day, which I did, but I was not allowed to work. I had an excellent meeting with my principal, but she informed me that NYC Schools has our recent court victory listed as “under review,” and that I cannot return to my job until the NYC DOE contacts me.

The case we won is DiCapua v. City of New York. TEACHERS FOR CHOICE is a named plaintiff in the case which is fully backed by CHILDREN’S HEALTH DEFENSE. Sujata Gibson is our lead attorney (see last substack post for details).

Despite being turned away from work, it was fantastic to return to my school with my head held high. My good friend Matt Conor from Bravest for Choice came to congratulate me and watch as I walked back into my school for the first time in two years.

For those interested, you can see me at my school yesterday on social media:

Before Walking in (Twitter)

Funny story from student (Instagram)

For those unaware of my story, two years ago I was removed from teaching in NYC because I declined covid vaccination. I am a named plaintiff in multiple cases suing NYC over this most notably in Kane v. de Blasio in federal court. However it was our state-based claim that gave the victory to myself and 9 other plaintiffs, although it appears NYC is poised to appeal our victory in my opinion.

Below is some news coverage of our victory:

FOX NEWS gives national coverage to our victory!

OAN interviewed me on September 7 about my “first day back” to the job in NYC Schools: Full 6 minute interview / Social media clip on Twitter

Children’s Health Defense published excellent coverage of the case in DEFENDER

NTD interviewed me on September 7as well (waiting for link to segment check back soon)

Source: Substack

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