Morning Briefing
Summaries of health policy coverage from major news organizations
3 Separate Court Rulings Hash Out Details Of New York Vaccine Mandate
Bloomberg: NYC's Covid Vaccine Mandate Isn't Biased Against Black And Hispanic New Yorkers, Judge Rules
Federal judges issued three different decisions on New York state and city requirements for Covid-19 vaccinations, upholding the status quo as the contentious issue winds it way through the court system. New York City’s program requiring proof of vaccination to enter restaurants, gyms and clubs can continue, a judge in Brooklyn ruled Tuesday, rejecting a claim of racial bias. A judge in Manhattan once again rejected the argument by a group of New York City teachers and other staff who are seeking exemptions for vaccination requirements for school staff on religious or medical grounds. A third judge reiterated that state health authorities can’t enforce a mandate on health care workers without a religious exception. (Van Voris, 10/12)
AP: Religious Vaccine Exemption Stays For NY Health Care Workers
New York health care workers will be able to seek religious exemptions from a statewide COVID-19 vaccine mandate as a lawsuit challenging the requirement proceeds, a federal judge ruled Tuesday. Judge David Hurd in Utica had issued a temporary restraining order a month ago after 17 doctors, nurses and other health professionals claimed in a lawsuit that their rights would be violated with a vaccine mandate that disallowed religious exemptions. Hurd’s preliminary injunction Tuesday means New York will continue to be barred from enforcing any requirement that employers deny religious exemptions. And the state cannot revoke exemptions already granted. (Hill, 10/12)
In more news from New York —
The Wall Street Journal: The Nets Ban Kyrie Irving Until He Gets Vaccinated
Kyrie Irving won’t play or practice for the Brooklyn Nets this season until he gets vaccinated, the team said Tuesday, a move that will increase the pressure on the NBA superstar in what has quickly become one of the world’s most consequential Covid-19 workplace standoffs. Irving is currently ineligible to play home games for the Nets, the heavy favorites to win the championship in the NBA season that begins next week, under a New York City order that requires proof of vaccination to enter an indoor sports arena like the Barclays Center. (Cohen, 10/12)
In other news about vaccine mandates across the U.S. —
NBC News: Major Hospital Systems In Ohio Requiring Covid Vaccinations For Organ Transplants
The Cleveland Clinic and University Hospitals, two of the largest health care systems in Ohio, are requiring Covid-19 vaccinations for solid organ transplants. The recently announced mandates will apply to patients and living donors prior to the procedures, according to statements from the health care providers. Patients on a waiting list for organ transplantation from a deceased donor have until Nov. 1 to become vaccinated, or they will be considered “inactive on the waiting list,” the Cleveland Clinic said in a statement Monday. (Planas, 10/12)
NBC News: Florida Fines County $3.5 Million For Requiring Proof Of Vaccination
The Florida Health Department fined a county government over $3.5 million Tuesday for violating the state's ban on vaccination passports — the first time the state has punished a locality for defying the ban. The Health Department said in a statement that officials in Leon County, where Tallahassee, the state capital, is located, violated state law when they mandated in late July that the county's 700 employees provide proof of vaccination no later than Oct. 1. Then, on Oct. 4, county officials fired 14 employees for failing to comply with the requirement. (Clark, 10/12)
Milwaukee Journal Sentinel: Milwaukee County Reports 72% Of Employees Responded To Vaccine Mandate
Milwaukee County Executive David Crowley said 72% of Milwaukee County employees responded to the county's COVID-19 vaccine mandate by either showing proof of vaccination or proper documentation for an exemption. Crowley issued an administrative order to all county staff on Sept. 2 informing them they had until Oct. 1 to provide documentation. At Tuesday's COVID-19 briefing, Crowley said of the approximately 4,060 employees that work for the county, a little more than 1,000 employees have not provided documentation. (Bentley, 10/12)
Philadelphia Inquirer: Nursing Home Trade Group Warns Of Mass Layoffs If Philadelphia's Vaccine Deadline Stands
Philadelphia on Tuesday rebuffed a request by a nursing home trade group for an extension of a Friday deadline to have all staff at least partially vaccinated against COVID-19. The Pennsylvania Health Care Association warned acting Health Commissioner Cheryl Bettigole in a letter that the city’s 47 nursing homes will have to dismiss as many as 2,400 workers to comply with the city’s vaccine mandate for long-term care facilities. Federal data show that in September the city’s nursing homes employed nearly 9,000. The health department said there was still time for those workers to get at least one shot before Friday. (Brubaker, 10/12)
NPR: A Wisconsin Brewery Is Helping Parents Sue School Districts That Don't Require Masks
Parents whose children have been infected with the coronavirus in Wisconsin have an unlikely ally: a brewery and its super PAC. Filing lawsuits in both of Wisconsin's federal court districts, the parents are suing school districts for rescinding mask requirements and flouting other federal and state health guidance. They're backed by the Minocqua Brewing Company of Minocqua, Wis., which sells what it calls "progressive beer" — and whose owner is using its political action committee to help fund the legal fight. One of the lawsuits says that by axing safety protocols, school board officials "threw students into a Covid-19 'snake pit.' " (Chappell, 10/12)
Axios: PE Firms Avoid Mandating Vaccines For Portfolio Companies
Private equity firms are sitting on the sidelines when it comes to vaccine mandates for portfolio companies, despite often requiring shots for their own employees. Private equity employs around 7% of all American workers, and is represented in almost every industry and geography, which means that PE vax mandates could have a significant impact on public health. (Primack, 10/12)
