Fired NYC Workers Target Eric Adams as They Head Back to Federal Court

Originally published on

Non-Denominational Prayer Vigil at Foley Square February 8, 9am

“Mayor Eric Adams is completely out of touch. Even Los Angeles just announced they are reinstating fired workers who declined covid vaccination. What is Adams waiting for? What is NYC waiting for?”– Fired NYC teacher Michael Kane, founder of Teachers for Choice

by NY Workers For Choice


John Bursch of Alliance Defending Freedom (ADF) has argued in front of SCOTUS 13 times, with many wins, and on February 8th he is flying into New York to argue on behalf of fired NYC workers who declined covid vaccination due to their sincerely held religious beliefs. Oral arguments will be heard at the Thurgood Marshall Courthouse in downtown Manhattan at 10am. Fired workers will be holding a non-denominational prayer vigil outside of the courthouse and many plan to pack the courtroom as well.

“Mayor Adams could eliminate the  unconstitutional mandate with the stroke of a pen. The vaccine does not stop transmission. He should now put the public and its workers ahead of his political career,” said Brendan Fogarty, a firefighter captain who was forced to retire early for declining covid vaccination. Fogarty gave testimony at City Hall this past fall that went viral on social media being viewed millions of times around the world.

The story of NYC’s fired & banned workers seeking justice in the courts began in October of 2021 with Kane v. de Blasio. A teacher named Michael Kane along with 8 co-plaintiffs sued then-mayor Bill de Blasio for an illegal and unconstitutional religious exemption process. He was (and is) represented by attorney Sujata Gibson, backed by Children’s Health Defense.

Then came Educators for Freedoma group of nearly 200 NYC educators who were fired & banned just like Kane was. They filed suit just months after Kane and were (and are) represented by the law firm Nelson Madden Black.

And finally there was New Yorkers for Religious Liberty (NYFRL) who filed yet another lawsuit on behalf of all city workers fired for declining covid vaccination. They were (and are) represented by both Nelson Madden Black and Children’s Health Defense.

On February 8th all three of these cases will be in the same courtroom, where attorneys will be arguing in support of religious liberty and returning employees to work in NYC with backpay.

“We are planning a non-denominational peaceful moment of prayer in front of the Courthouse in support of the case,” said lead plaintiff Michael Kane. “We are calling on everyone impacted or who knows someone impacted by these discriminatory mandates to come and support us in prayer. We’ve gotten hundreds to Foley Square before, even thousands back in September of 2021; we need that same energy to return on February 8th.”

Eric Adams

NYC Mayor Eric Adams has been extremely inconsistent with vaccine policy, resisting any calls for rational discussion around ending city worker vaccine mandates from the previous administration.

Nearly a year ago Adams lifted the vaccine mandate for athletes and performers only. This flew in the face of any public health argument that could possibly be made. Approximately 9 months ago city workers impacted by the mandate responded to Adams inexplainable policy change in a video titled “We love our jobs, we love New York, Let us work!

Adams could care less.

“The carve-out policy put in place by Eric Adams allows for entertainers, including strippers, to work without being vaccinated, but not firefighters, police officers, teachers, etc…” said Barry Black, of the law firm Nelson Madden Black which will be in federal court on February 8th representing fired NYC workers.

Mayor Adams has flip-flopped his stance on vaccine mandates over the past 2 years, drastically changing his positions and rhetoric notably after he won the primary election for mayor. NYC’s Transit & Labor Leader Tramell Thompson drew attention to this hypcorisy as well:

Mayor Adams’ vaccine mandate was entirely over-turned in the case Garvey vs. the City of New York, won by attorney Chad LaVeglia. However Mayor Adams immediately appealed the decision which quickly paused any real implementation of the victory. LaVeglia is now suing Mayor Adams personally for keeping the mandates.

Then just weeks ago a NY State Supreme Court Justice from Syracuse ruled that vaccine mandates for employment make no sense because the vaccine does not stop transmission of the SARS CoV-2 virus. That case was won by Sujata Gibson backed by Children’s Health Defense.

In addition Mayor Adams has lost nearly 100 cases to individuals who sued over being fired or banned from their job over the vaccine mandate. Attorneys Jim Mermigis, Christina Martinez, Jimmy Wagner and Jeannette Loiacono have all won multiple cases for individuals using various legal arguments returning many police officers and teachers to their jobs.

“It’s time to end the mandates,” said NYC Firefighter Sophy Medina, one of the founders of Bravest for Choice. “The mayor could and should do the right thing, knowing that the shots do not stop transmission. It’s time to face the facts: We never posed a threat to the public.”

“Eric Adams has already lost,” said Michael Kane. “He has lost in the court of public opinion, he has lost the public health debate, he has lost in any basis of rational common sense, the only thing that is left is for him to permanently lose in court, with no appeals. If there is any justice in America, that day is certain to come.”


Federal cases: Kane v. De BlasioKeil v. NYCNew Yorkers for Religious Liberty (NYFRL) v. NYC: all have been consolidated

Co-Counsels: Children’s Health Defense, Gibson Law Firm, Nelson Madden Black, Alliance Defending Freedom


NY Workers for Choice, Bravest for Choice, Teachers for Choice, Finest for Choice, Educators for Freedom, Strongest for Freedom, Medical Professionals for Informed Consent and Children’s Health Defense

For all press information email


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