Prokorov wrote:MrDollarBills wrote:Prokorov wrote:
Given each mandate is drastically different, id say you get to pick and choose.
For instance, with the NYC COVID mandate, the things people seem to have issue with is:
-If a teacher/professor does not get the vaccine, not only can they not work/not be paid, they can lose tenure/pension. It is argued that is both overreaching and illegal to remove something that was earned/entitled prior to the mandate.
-No religious exemption (a judge ruled in favor of nurses that there needs to be an exemption and injuction is in place).
-The mandate is not equally applied and is inheritly discriminatory. (Jobs with extremely high female populaitons (teachers/nurses) fall under the mandate but those with high male representation are excluded (cops, fireman)). Visiting players do not need to be vaccinated to play in NYC sports venus but home teams do (this makes 0 sense if its actually about safety)
-currently NYC theaters, nurses, security guards, and teamsters among smaller individual and class groups have cases against the city.
Airlines are private. private corporations can put any restrictions they want. Additionally, telling someone they cant carry a gun is different from telling someone they need to take a drug or eat/drink/ingest something.
again, your burger joint is a private entity, they can do what they want. The government needs to act with the rgulations set for its land and citizens within the laws and the constitution. part of being a "free country" is that the government needs to abide by the freedoms set without the constitution or law. Mandates are now law, not signed by congress. they are strictly set forth by the governor and their legality can (and often is) challenged.
Private businesses (like your burger joint) dont have such restrictions. as long as they arent being discriminatory based on race/gender/religion they are typically ok.
You are 100% wrong.
https://en.wikipedia.org/wiki/Jacobson_v._MassachusettsIn 1905, the SCOTUS ruled that the states have the "authority to enforce compulsory vaccination laws. The Court's decision
articulated the view that individual liberty is not absolute".
Justice John Marshall Harlan delivered the decision for a 7–2 majority that the Massachusetts law did not violate the Fourteenth Amendment. The Court held that "in every well ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand" and that "[r]eal liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own [liberty], whether in respect of his person or his property, regardless of the injury that may be done to others."
It is legal precedent that individual freedoms do not trump public health and safety. This is why Cuomo and Murphy here in NY and NJ were legally able to shut down the state last spring, and why mask mandates in public places were enforced by law. It is why Joe Biden can demand that people in federal jobs need to wear masks when inside of federal office buildings. This is America, yes, and we do have freedoms, but it is not a free for all.
You do not have, and never will have, the freedom to endanger the health of other Americans. The sooner people like Kyrie realize this, the better we'll all be.
When the teamsters and unions get their cases thrown out, the judge will point to the above ruling and subsequent rulings by the SCOTUS that upholds vaccine mandates. There is nothing illegal about any of this. People need to stop being ass holes and do their part to keep each other safe.
Also, I recall seeing that NYC is working to close the loop hole allowing out of town players into public places unvaccinated. That definitively needs to happen.
I'm not wrong... because i stated none of what you reference.
1) Mandate is not law. they are 2 very different things
2) Mandates can remove certain freedoms, but they do not have unilateral power to govern, and they still need to be constitutional and be inline with discrimination laws
For instance (extreme example for clarity) you cant mandate that all chinese people get vaccinated and not apply it to veryone. you cant mandate everyone who is not vacicnated has to pay fines or you garnish their savings accounts.
The mandate is in align in alot of spots. it is complete garbage in others.
taking peoples tenure, pensions, and it not being applied to everyone is kind of BS. it should be all public buildings, not just the ones you arent scared of (i.e. police/fire)
it should apply to everyone, not just NY athletes. if it is about safety, why can Beal play at Barclays but not kyrie?
Im not saying all mandates are garbage or even that one isnt needed. but the NYC one stinks.
Mandates to protect public health and safety are 100% legal. That was the point. No one is being thrown in prison for it, but no one should be guaranteed employment or entertainment in a public setting if they can't abide by health and safety protocols. Your employer doesn't have to tolerate you if you're not abiding by rules put in place to protect public health. Your personal freedoms are not greater than the greater good.
You may think its crap, but it's being done to compel people to do the right thing, and its working because the vaccination rates are going up in NYC.
And again...if someone is an antivaxxer and can no longer be a nurse or a teacher, good. Who the hell wants an antivaxxer teaching children or tending to patients? It's disgusting.
re: Cops....if they want to die, thats on them. Covid is ravaging NYC cops. The police union is refusing a mandate while their members die. Doesn't seem smart to me.
