On Wednesday, Matthew Rivera filed a class action lawsuit in the Eastern District of New York against the City of New York, the citys Mayor, the New York City Department of Health and Mental Hygiene and its Commissioner, Consolidated Edison Company of New York, Inc. and Utility Workers union of America, AFL-CIO, Local Union No. 1-2 challenging the defendants’ implementation of New York City’s COVID-19 vaccine mandate.
According to the complaint, on December 15, 2021, New York’s former mayor Bill DeBlasio issued Emergency Executive Order No. 317 which was based on the New York City Department of Health and Mental Hygiene’s order to require COVID-19 vaccination in the workplace. According to the complaint, the mandate states that private employers, such as the Consolidated Edison Company, must require employees to be vaccinated or face fines.
The complaint states Matthew Rivera is a resident of Nassau County, New York, an employee of Consolidated Edison Company and a member of Local Union No. 1-2. The plaintiff argues that, due to the mandate, he suffers “the imminent risk of harm of penalties” which he alleges is approaching $1,818,000.00 per year.
The plaintiff argues the Mandate is invalid because its promulgation evaded legislative authority and violated the plaintiff’s due process rights. Further, the plaintiff argues the plain language of the Mandate provides no vehicle to review or appeal its directives.
In addition to bringing the present action against New York City, its mayor and the New York City Department of Health and Mental Hygiene, the plaintiff also argues that his employer, the Consolidated Edison Company, is culpable because it is acting as an agent of the state by enforcing the Mandate. Further, the complaint alleges that Local Union No. 1-2 violated their duty of fair representation.
The complaint alleges 12 causes of action including violation of the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment, violation of the Excessive Fines Clause of the Constitution, violation of the Cruel and Unusual Punishment Prohibition, lack of jurisdiction and that the Consolidated Edison Company acted as an agent of the state. The plaintiff seeks a temporary restraining order against the Mandate, declaratory relief that the Mandate is invalid and unconstitutional, attorney’s fees and costs. The plaintiff is represented by the Law Firm of Vaughn, Weber & Prakope, P.L.L.C.
