Professor Aaron Saiger was quoted in a MarketWatch article discussing a lawsuit filed by restaurant owners in response to NYC’s proof-of-vaccination rules.
Just as soon as New York City’s proof-of-vaccination rules went into effect at restaurants, bars and gyms, some local restaurant owners are suing to strike them down, saying the requirements will inflict too much damage on their business.
Mayor Bill de Blasio’s proof-of-vaccination order is “arbitrary, irrational, unscientific and unlawful,” according to the lawsuit filed Tuesday by small-business-owner plaintiffs including two restaurants, a bakery, personal training studio and the Independent Restaurant Owners Association Rescue, an advocacy group.
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Aaron Saiger, a Fordham University School of Law professor, said a legal win against the city was a tall order.
“City officials have every right to impose reasonable restrictions to blunt the spread of COVID-19,” said Saiger. The plaintiffs complained they were being singled out and Saiger agreed — but said it was reasonable for the city to do that because diners eat without masks and people breathe heavily when exercising.
“The extra risks associated with restaurants and gyms are more than enough to justify the new policy, even if other dangerous activities have been left unregulated for now,” he said.