SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS YUDELKA BRAVO, OMAR CLARKE, PEGGY MANSANET and ONIKA WILLIAMS, VERIFIED PETITION PURSUANT TO Plaintiff-Petitioners, ARTICLE 78 v. Index No.: BILL DE BLASIO, in his official capacity as MAYOR of the City of New York, and the CITY OF NEW YORK, Defendant-Respondents. PRELIMINARY STATEMENT 1. New York courts stand as constitutional sentinels able to quell an aggressive assault unleashed by Mayor Bill de Blasio against New Yorkers’ basic human and constitutional rights. This Court must wake Mayor Bill de Blasio from his authoritarian fantasy and affirm that New York City residents, and Black residents, in particular, are protected from a city’s attempt to mandate medical procedures in the form of COVID-19 vaccines. Plaintiff-Petitioners seek a permanent injunction against Mayor de Blasio’s Emergency Executive Order #225 (“EEO225”) to prevent its irreparable damage and to redress its violation of CPLR Article 78O3.2, in that the City is proceeding without and in excess of jurisdiction, and CPLR Article 78.O3.3, in that a determination was made in violation of lawful procedure, was affected by an error of law and is arbitrary and capricious, and an abuse of discretion. STATEMENT OF FACTS “Our mission is to root out systemic racism across New York City.” - Mayor de Blasio 2. On August 16, 2021, New York City Mayor Bill de Blasio issued EEO225. Under the guise of what should be limited and temporary emergency authority, de Blasio’s EEO225 1 represents the gravest and most permanent measure taken by a major city in the United States: mandatory vaccination. 3. New York City residents and workers have just recently been able to return to some semblance of normal life after facing almost 18 months of lockdowns and mandates imposed by federal, state, and particularly city government. New Yorkers were forced to withstand some of the most draconian restrictions in the country. 4. Moreover, many New York City small business establishments faced months of forced closure followed by seemingly arbitrary, yet onerous, capacity constraints. These hardships caused many to shutter. Among those that remain, some struggle to survive, disparately those which are run by or cater to BlacKs. 5. Given this backdrop, it defies comprehension that any further—let alone, severe and permanent—limitations would be imposed at this time of nascent recovery. Yet, EEO225 does precisely this in a putative effort to curb the spread of the COVID-19 “Delta” variant and other “new variants.” This EEO225, effective August 17, 2021, prohibits “a patron, full- or part-time employee, intern, volunteer, or contractor” from entry into any New York “indoor entertainment and recreational setting,” “indoor food service” or “indoor gyms and fitness setting” unless vaccinated with “at least one dose of a COVID-19 vaccine authorized for emergency use or licensed for use by the U.S. Food and Drug Administration or authorized for emergency use by the World Health Organization.” EEO225’s Unequivocal Goal to Mandate an Invasive, Permanent Medical Treatment 6. EEO225 targets the lifeblood of a resident’s (or nonresident’s) experience in New York City: “[I]ndoor entertainment, recreation, dining and fitness settings generally involve groups of 2 unassociated people interacting for a substantial period of time" which are targeted by "requiring vaccination for all individuals in these areas, including workers . .” Struggling restaurants, bars, coffee shops, night clubs, movie theaters, music venues, fitness centers, exercise studios are some of the establishments “covered” by the mandate. 7. EEO225 requires residents to present “proof of vaccination” as well as “identification” to be admitted into the normal course of city life. Astonishingly, as a result of EEO225, many New York City businesses will now face the added burden of being the Mayor's enforcer for this onerous policy. Indeed, the same businesses struggling to survive will be forced to turn away patrons unable to provide proof of vaccination or simply unwilling to receive the vaccine due to health, privacy, religious, age, or other legitimate reasons. If they fail, de Blasio’s EEO225 threatens them with severe financial penalties including $1,000 fines per violation, which increase to $2,000 if a secondary violation occurs within 12 months of the first violation, with a further increase to $5,000 if a third violation occurs within 12 months of the secondary violation—a penalty scheme indicative of the years-long, permanent nature of EEO225. 8. The message is clear: your body, my choice. Mandated Vaccinations Target Minorities: A History of Abuse 9. As devastating as this is for all New Yorkers, including New York City’s small business community, minority groups are affected most. Over 37% of the city’s 8,230,290 residents remain unvaccinated. Blacks make up the largest portion of the unvaccinated demographic with 62% not vaccinated. Indeed, according to recent data from the CDC, Blacks have the lowest COVID-19 vaccination rate of all ethnicities — only 28.4% of BlacKs in the U.S. have received one dose of the vaccine and only 25.1% have received both doses. Therefore, 75% of BlacK Americans may be affected based upon vaccine status. Consequently, a sizable majority of Blacks have, by the 3 stroke of de Blasio’s pen, been relegated to second-class citizenship—excluded from all public life without any access to dining, exercise, or entertainment. 10. Dr. Robin Armstrong provides compelling testimony regarding how this country’s medical history illustrates that EEO225 represents a discriminatory leap backwards. See Dr. Armstrong’s Declaration, attached as Exhibit A. Any suggestion that BlacK Americans should simply get vaccinated without question demonstrates ignorance of how this country’s government agencies effected substantial harms on minority communities without their knowledge through callous misrepresentation. 11. Perhaps the most well-known example is the Tuskegee Syphilis Study ("Tuskegee"). This “study” spanned four decades at the direction of the CDC. It involved misrepresentations and half-truths provided to hundreds of impoverished Black males believed to have syphilis. Instead of providing correct diagnoses, available treatment, and relevant timelines, the CDC, in concert with the United States Public Health Service (PHS), watched as many “participants” died and experienced severe complications. This bioethics abomination ended only after word of the “study” leaked to the press in 1972. 12. The horrific Tuskegee experience is by no means the only example of medically-imposed racial discrimination. There are innumerable examples from the beginning of our nation right up until present day. See Kevin Jenkins Declaration, attached as Exhibit B. Only seven years ago, it was revealed by a senior scientist CDC whistleblower (who is still employed at the CDC) that the CDC destroyed and withheld data showing that vaccinated Black children had a three to four times higher rate of autism. 13. Mayor Kim Janey, a Black woman governing Boston, Massachusetts, a city whose population is 25% Black, broke with fellow Democrats by resisting a vaccine mandate for public 4 workers and likened compulsory vaccination to racist post-Civil War policies that required Black Americans to show their identification papers. 14. “There’s a long history in this country of people needing to show their papers — whether we are talking about this from the standpoint of … during slavery, post-slavery, and as recent as what the immigrant population has to go through...” For example, experimental operations were performed on enslaved Black women in the 1840s. James Marion Sims, the father of modern gynecology, perfected his surgical techniques through often deadly experiments on Black slaves in the 1800s without the use of anesthesia. 15. Tony Muhammad of the Nation of Islam mentioned that after the Tuskegee experiment was exposed and discontinued in 1972, the CDC promised to “never let it happen again.” However, he pointed out a case reported in the L.A. Times in 1989 where the CDC experimented on 1,500 Black and Latino boys without their parents’ knowledge. They had issued a measles vaccine that was 4 times as potent and dangerous as one that was approved. 16. Given this historical context, it is easy to see how a New York City resident—particularly Black Americans—can decide that the risks of vaccination outweigh the benefits and reject the permanent intrusion of a city, state, or federal government into a person’s sacred bodily autonomy under the guise of “safety.” PARTIES TO THIS ACTION 17. All Plaintiff-Petitioners are either residents of Brooklyn or other boroughs of New York City and/or small business owners in the City who are directly, severely, and irreparably harmed by EEO225. See Onika Williams’s Affidavit attached as Exhibit 1, Omar Clarke’s Affidavit attached as Exhibit 2, and Peggy Mansanet’s Affidavit attached as Exhibit 3. 5 18. Defendant-Respondents are the Mayor of New York City, Bill de Blasio, and the City of New York itself. AS FOR THE FIRST CAUSE OF ACTION New York City is Preempted from Regulating Communicable Diseases and its Attempt to Do So Must Thus Fail 19. Article IX, § 2(c)(ii)(10) of the New York Constitution states local governments “shall have power to adopt and amend local laws not inconsistent with the provisions of [the] [C]onstitution or any [state] law relating to” various subjects, including “[t]he government, protection, order, conduct, safety, health and wellbeing of persons or property therein.” 20. “To implement Article IX, the Legislature enacted the Municipal Home Rule Law.” DJL Restaurant Corp. v. City of New York, 96 N.Y.2d 91, 94 (N.Y. 2001). “The Municipal Home Rule Law sets forth the general powers of local governments to adopt and amend local laws in accordance with article IX of the N.Y.