Federal Court Issues TRO Enjoining Omission of a Religious Exemption from the Emergency Public Health Vaccination Regulations
September 14, 2021
The federal District Court for the Northern District of New York issued a temporary restraining order (TRO) on Sept. 14, 2021, enjoining New York State officials from enforcing emergency regulations imposing a vaccination mandate for certain healthcare workers to the extent that the regulations do not allow for a religious exemption to the mandate. The TRO is available here. As reported here previously, the emergency regulations, which were issued on August 26 by the Public Health and Health Planning Council under the New York State Public Health Law, apply to hospitals, nursing home and home health agencies, among other entities. The emergency regulations were notable for not including provisions for a religious exemption or any test out provisions. The court’s TRO places the lack of a religious exemption provision on hold, pending the outcome of the proceeding.