Gainesville city lawyer responds to legal motion to halt vaccine mandate for employees

Published: Sep. 15, 2021 at 11:54 PM EDT
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GAINESVILLE, Fla. (WCJB) - The lawsuit seeking to stop the city from mandating vaccines for employees is making waves.

A group of employees is asking for an emergency injunction to stop the mandate.

City lawyers now argue the government is not forcing employees to get vaccinated but exercising it’s right not to employ those who are not vaccinated.

“Defendant, the City of Gainesville (“City”) files this response in opposition to the Plaintiffs’ Petition for Emergency Injunctive Relief. The Plaintiffs seemingly misapprehend the nature of the City’s policy requiring employees to be vaccinated against COVID-19 as a general exercise of police powers, rather than an application of an employer’s management prerogative. Contrary to arguments raised by the Plaintiffs, the issues before the Court should center not on whether employees are “forced” to receive vaccinations, but whether the City should be prevented from applying broad, nondiscriminatory workplace regulations in its capacity as an employer. Certainly, on a preliminary basis, the Plaintiffs are unable to meet the high threshold to usurp the authority of the municipal corporation, City of Gainesville.”

CITY OF GAINESVILLE’S RESPONSE IN OPPOSITION TO PETITION FOR EMERGENCY INJUNCTIVE RELIEF

State Attorney General Ashley Moody has filed a brief supporting the employees, she argues the rule violates the state’s ban on vaccine passports and worsens a first responder shortage.

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