Judge Rules COVID Vaccine Mandate for DC Government Workers Is Unconstitutional

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A Washington D.C. superior court judge ruled Thursday that the cityโ€™s COVID-19 vaccine mandate that was imposed on city employees is unlawful.

An order that was handed down by Judge Maurice A. Ross was a response to a lawsuit filed by the Washington D.C. Police Union and other groups that opposed Mayor Muriel Bowserโ€™s mandate. Bowser in August of last year ordered city government employees to provide proof of vaccination although some workers could seek a medical or religious exemption to the shot.

โ€œA vaccine mandate is not an everyday exercise of power,โ€ Ross wrote in his 17-page ruling (pdf). โ€œIt is instead a significant encroachment into the lifeโ€”and healthโ€”of an employee. It is strikingly unlike any other workplace regulations typically imposed, as it โ€˜cannot be undone at the end of the workday.โ€™ Thus, there is an expectation that a vaccine mandate must come from a legislative body.โ€

Ross also argued that the legal โ€œsystem does not permit the Mayor to act unlawfully even in the pursuit of desirable ends,โ€ including curbing COVID-19, adding that โ€œthe Mayor lacks legal authority to impose a vaccine mandate on Plaintiffs.โ€

The judge rejected city lawyersโ€™ arguments that Bowser could impose a vaccine mandate in her capacity to regulate occupational and workplace hazards. The Biden administration made a similar claim to the U.S. Supreme Court last year on its vaccine mandate for private businesses before the court struck the rule down in January.

โ€œAlthough COVID-19 is a risk that can occur in many workplaces, it is not an occupational hazard in most,โ€ Ross wrote in his order.

Response

It means the city canโ€™t enforce the COVID-19 vaccine mandate. Meanwhile, disciplinary actions that were taken to enforce compliance can be reversed, according to Rossโ€™s ruling.

The DC Police Union praised the decision and said it will ensure that its officers wonโ€™t be terminated or forced to take the vaccine.

Byย Jack Phillips

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