Appeals court stops Boston from enforcing COVID vaccine mandate on public safety union workers

Mayor Michelle Wu’s administration has been blocked from enforcing a vaccine mandate for workers from three local unions Tuesday, after an appeals court judge granted an injunction.

Associate Justice Sabita Singh said the ongoing dispute between the unions and the city must be resolved first.

Mayor Wu first announced that mandate back in December. The deadline for vaccination proof was originally set for January 15.

In her ruling, Justice Singh wrote “Given the limited harm to the city and the public health interest it seeks to promote, and the substantial harm likely to be sustained by the unions in the absence of an injunction, the balance of harms favors the issuance of an injunction to preserve the status quo, in view of the unions’ likelihood of success on the merits.”

The court’s ruling also states that the vaccine or test policy set by the city in August 2021 will remain in effect.

IAFF President Ed Kelly spoke about the appeals court order on Wednesday morning.

IAFF President Ed Kelly talks about court order on Boston's COVID vaccine mandate IAFF President Ed Kelly talks about court order on Boston's COVID vaccine mandate

In a statement, a City spokesperson said “To protect communities and workplaces against COVID-19, courts across the country have repeatedly recognized the rights of state and local governments to require public employees to be vaccinated. More than 95 percent of the City’s workforce is vaccinated because of the policy we enacted. Our workers and residents who rely on city services deserve to be protected. We are disappointed by today’s decision and are reviewing it carefully.”

One of the unions involved, Local 718, released a statement saying in part “Today Appeals Court Justice Singh granted a historic preliminary injunction against Mayor Wu’s vaccine mandate for Boston’s Public Safety Unions. For weeks the Firefighters Local 718 led by their Counsel, Leah Marie Barrault, along with the Superior Officers Federation and Detectives Benevolent Society, have been consistent about our problem with the December vaccine mandate - it blatantly violated carefully negotiated agreements and obligations under state labor law. We have never been not anti-science or vaccine. Rather, we have been pro collective bargaining and pro public safety.”

Another one of the unions, the Boston Police Superior Officers Federation, said in part “As we have said from the start, this is not an anti-vaccination fight, instead this is a chance to hold our elected leaders accountable while protecting our member’s labor rights. We have never been not anti-science or vaccine. Rather, we have been pro collective bargaining and pro public safety. Thank you to our union brothers and sisters at the Detectives Benevolent Society and Firefighters Local 718, who have fought day in and day out by our sides. Despite our consistent messaging, some in City Hall have suggested we have been motivated by or enabling anti-vax conspiracy theories. The decision by Justice Singh demonstrates that when one puts away the farfetched rhetoric and the social media soundbites, the law and the facts are on our side. This is not just a win for our members, this is a win for public safety and the citizens of Boston as a whole.”

This is a developing story. Check back for updates as more information becomes available.

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