During Wednesday's court hearing, Bursch noted, "when the city puts these problem codes on employees who have been terminated because of their unconstitutional policies, not only do they have this flag in their files, but their fingerprints are sent with that flag to the FBI and the New York Criminal Justice Services."
February 13, 2023
In a report by Michael Kane for Teachers for Choice, the details of the "flagging" process created by the Department of Education was publicized. An affidavit by educator Betsy Combier was included in Kane's lawsuit of Kane v. de Blasio, as reported by Justia. This was one of the first cases of an educator suing the city over the COVID vaccine requirement.
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In her sworn statement, Combier detailed how "the DOE puts in the personnel file of employees to indicate that they should not be hired due to unexplained misconduct of some kind."
She noted that, "employees can be flagged for everything from receiving an unsatisfactory or ineffective rating to engaging in egregious criminal acts."
According to Combier, "When the DOE puts a problem code in the employee's personnel file, it also places a flag on the employee's fingerprints, which is then sent to the national databases at both the Federal Bureau of Investigation and the State Division of Criminal Justice Services."
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At the hearing, Susan Paulson, the city attorney, asserted that the dismissal of the teachers was not due to any misbehavior, but rather because they had not fulfilled the necessary condition of being vaccinated against the Coronavirus.
Kane reported that the teachers in question were still identified by the issue code and their fingerprints were submitted to the federal government.
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Kane added, "I believe that unvaccinated NYC educators were being setup to be viewed as 'right-wing extremists' or even 'terrorists.” We know for many years Dr. Peter Hotez has been promoting an insane narrative that those who are 'vaccine hesitant' are an extremely dangerous group, and that we need to look to Homeland Security and even NATO for suggestions of how to deal with such a 'threat.'"
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In an investigation by journalist Dan Cohen for his Substack, Dr. Peter Hotez was characterized as an "underling" of Dr. Fauci and a "deceptive political figure" when it comes to advocating for COVID vaccine mandates.
The US Court of Appeals for the Second Circuit will decide after hearing arguments whether or not to issue an injunction against New York City's vaccine mandate, according to Bloomberg.
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On February 10, the NYC requirement for public employees to be vaccinated came to an end, according to The Post Millennial. Nonetheless, the lawsuit continues, as Bursch has explained, "the city has not set forth exactly what their reinstatement policy will be."