New York State Bar ponders COVID vaccine mandate

The NYSBA’s Emergency Task Force on Mandatory Vaccination and Safeguarding Public Health is meeting to discuss the value of a vaccine mandate. Photo courtesy of St. John’s Episcopal Hospital

By Rachel Vick

As the Delta variant’s prevalence in New York City grows, the New York State Bar Association has formed a task force to examine whether or not a vaccine mandate is a necessary step for the greater good.

The Emergency Task Force on Mandatory Vaccination and Safeguarding Public Health will meet for the first time on July 30 to begin deliberation.

“It is well established that rights are not absolute and public health authorities have the legal authority to mandate a vaccine if there is a significant threat to the public’s health,” said Task Force Chair Dr. Mary Beth Morrissey. “We intend to work swiftly so that we can advise policymakers, legislators, the public and journalists what steps must be taken to protect the public’s health, with a critical eye toward achieving equity and eliminating disparities when it comes to access to vaccines and public health protections.”

The task force will also consider vaccine hesitancy among vulnerable populations with a history of medical mistreatment and subsequent distrust of governing bodies.

Members of the task force include Mary Beth Quaranta Morrissey, fellow at Fordham University Global Health Care Innovation Management Center and adjunct professor at the Gabelli School of Business and Graduate School of Social Services; Kathleen Burke, Senior Counsel at New York-Presbyterian Hospital; Hermes Fernandez and Candace Gomez, co-chairs of Bond, Schoeneck & King’s Health Law Group; Lisa Hayes, associate general counsel for One Brooklyn Health System, and adjunct professor at John Jay College of Criminal Justice; Brendan Parent assistant professor in the Division of Medical Ethics with joint appointment in surgery at NYU Grossman School of Medicine and Michael Passarella, partner in Labor and Employment Law at Olshan.

They will meet for a second time on Monday, and are expected to complete their task within a month.

The formulation of the bar association’s task force follows announcements form city and state officials creating mandates that require city employees to either get vaccinated or show proof of regular COVID-19 testing.

“Government has no more pressing responsibility than to protect the public’s health and safety,” said NYSBA President T. Andrew Brown. “Those who don’t get vaccinated are not only endangering themselves, but also putting those around them at risk.”

“Our state and nation are at a dangerous tipping point,” he added. “It is time to consider all possible options to protect the largest number of individuals and communities against this highly contagious and fast-moving virus.”