On November 12, 2021, MAFA-NY Attorney Patricia Finn filed a lawsuit against Mayor De Blasio and NYC for the unconstitutional vaccine passport system imposed upon NYC businesses and residents. You can read the original complaint HERE.

As anticipated, NYC moved to dismiss, and in early 2022, the Hon. Consuelo Malafre Melendez, SCJ, ruled in their favor. The trial Court determined that the emergency use authorized (EUA) Covid-19 vaccination was not a “forced vaccination,” i.e., people had a “choice” to vaccinate or not. They also erroneously reasoned the Vaccine Passport was appropriately authorized under emergency powers delegated to the Mayor during a “declared emergency.” You can read the full text of that decision HERE.

Although the public health emergency ended March 1, 2023 this case is absolutely NOT moot. The fact remains that the Mayor’s assumed authority to coerce adult vaccinations still exists; has evaded judicial review, and is capable of repetition throughout any future “declared emergency.” So….

On April 4, 2023, Patti Finn filed an appeal, brilliantly arguing against this ruling. The full text is available HERE and is well worth reading. Below are just a few of the highlights you’ll find in the appeal:

  • “…the Vaccine Passport was only a Hobson’s Choice between two unlawful alternatives. The choice was either to submit to an experimental injection, which cannot be mandated on them by law, or be excluded…”
  • .”.. coercing involuntary medical treatment, experimental drug, or adult vaccination on anyone in NYC requires written, uncoerced informed consent to their use, or a Judicial Order of Quarantine when informed consent is withheld.”
  • “…New York has codified Point One of the Nuremberg Code on Permissible Medical Experiments. Point One states: “The voluntary consent of the human subject is absolutely essential.”

Patti and our amazing legal team have been working diligently on this appeal, along with the many other significant cases filed in NYS including the NYPD vaccine mandate case (Marciano vs. Adams), the school mask mandate case (M.F. vs. the Governor & State Health Dept.), and the recently filed cases against EcoHealth Alliance. Updates on all of these cases will be upcoming, so stay tuned…