De Blasio surprises city with vaccine mandate for kids, private biz
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The first of the new vaccine mandate rules will go into effect Dec. 14, Mayor Bill de Blasio announced on Monday. Photo via Ed Reed/Mayoral Photography Office.
By Rachel Vick
On Monday, Mayor Bill de Blasio announced the next round of vaccine mandates, expanding the required doses for indoor entertainment, updating orders to include the youngest residents newly eligible for the shot and mandates for the private sector.
The decision, issued following the appearance of the Omicron variant and approaching holidays, was intended to stymie the spread of COVID-19 but was largely unexpected by business officials and residents throughout the city.
De Blasio outlined the mandate on Monday but many of the details concerning enforcement have yet to be released — and won’t be for at least another week.
“New York City will not give a single inch in the fight against COVID-19,” he said. “Vaccination is the way out of this pandemic, and these are bold, first-in-the-nation measures to encourage New Yorkers to keep themselves and their communities safe.”
Starting Dec. 14, the program will require children ages 5 to 11 to show proof of one vaccination dose to enter into establishments like restaurants. Members of the age group will also have to get vaccinated to participate in high-risk extracurricular activities like sports, band and dance.
As of Dec. 27, New Yorkers who are 12 and older will be required to show proof of two vaccine doses before enjoying indoor dining, fitness or entertainment.
The vaccine mandate for private-sector workers will also take effect on that date — a rule that is not without hesitation from Queens’ business community.
“Throughout the pandemic, small businesses have gone above and beyond to keep their customers, employees and communities safe,” said Queens Chamber of Commerce CEO Tom Grech. “While we remain concerned about COVID-19, we are also worried about the impact that further restrictions will have on businesses. We hope the administration will work collaboratively with small businesses on vaccine mandates to ensure we are keeping our city safe while allowing our businesses to stay open.”
The announcement is just the latest in a series of mandates over the past year that have inspired legal challenges from employers and employees across sectors, but additional suits are not unlikely, said labor and employment attorney Carmelo Grimaldi.
De Blasio’s decisions on vaccine mandates have been “monumental,” Grimaldi said, comparing the newest regulations to those being implemented in parts of Europe.
“This is not the first time we've had to deal with a mandate for vaccination and it's not the first time someone’s going to challenge it,” Grimaldi told the Eagle. “We've had to deal with [challenges to] vaccine mandates on federal and state levels before de Blasio made the announcement. I’m not surprised Mayor de Blasio has taken it one step further.”
Private sector employees working at facilities like gyms and restaurants have been subject to the one dose mandate for several months — and the impacts of those who choose to remain unvaccinated — but Grimaldi said the situation is far from simple.
“It’s not easy because oftentimes you have really good workers, many who were there in the darkest hour when we had no vaccines; caring for us, being there to make sure food was served and now because they choose not to get vaccinated are put on leave or terminated,” he said.
“I do believe vaccinations are our best bet to prevent the spread and devastation [but] as an attorney I have to zealously represent any client that wants to oppose it, some for sincere religious beliefs or medical excuses,” he said. “Nobody enjoys this, it's just something that we all have to face.”
None of the previous challenges to the city’s vaccine mandates have been successful.
Additional enforcement and reasonable accommodation guidance are expected to be released on Dec. 15.
