New York must give all inmates in state jails and prisons COVID-19 vaccinations “immediately” following a court verdict.
State authorities must “immediately authorize incarcerated individuals as a group for vaccination” as the prohibition of immunizations for prisoners is “arbitrary and capricious and an abuse of discretion,” Bronx County Supreme Court Justice Alison Tuitt ruled on Monday.
The plaintiffs in the lawsuit, Charles Holden and Alberto Frias, who are both jailed on Rikers Island, sued New York Health Commissioner Howard Zucker and Gov. Andrew Cuomo, alleging that crowded conditions in the maximum-security facility are ripe for the spread of COVID-19. Both of the men said they had not been offered a vaccine and that they spent most of their days within “inches” of other inmates who were maskless during meal times.
The judge added that Cuomo on Monday announced that “all New York residents 30 years of age or older will be eligible for COVID-19 vaccination, and effective April 6, all New York residents 16 years of age or older will be eligible.” She said the governor’s decision will apply to Holden, who is 52 years old, but not to Frias, who is 24 years old.
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Tuitt said the decision to exclude inmates from being inculcated was inequitable, “especially in light of the fact that Respondents approved vaccinations for all other congregate living facilities, including juvenile detention facilities.” She added that it was “an unfair and unjust decision by Respondents, was not based in law or fact.”
Cuomo on Monday remarked that more than 19,000 vaccinations have reached the arms of incarcerated people since early February.
“The New York State Department of Corrections and Community Supervision began vaccinating staff and incarcerated individuals on February 5, and as of March 27, more than 19,246 vaccinations have been administered,” the Democratic governor said in a statement. “Tomorrow the State will expand eligibility to include New Yorkers age 30 and older for the general population, and we will expand eligibility to include all incarcerated individuals whether in state or local facilities. Our goal all along has been to implement a vaccination program that is fair and equitable, and these changes will help ensure that continues to happen.”
The New York State Department of Health referred the Washington Examiner to Cuomo’s Monday statement when asked for comment on the litigation.
The Legal Aid Society, which helped spearhead the lawsuit, demanded in late January that Cuomo “stop blocking COVID-19 vaccinations for incarcerated” clients. At the time, 5,000 inmates across the state had contracted the virus, and 30 had died from it, according to the group.
“As thousands of people continue to be infected in prisons and jails across the state and the preventable death toll mounts, the Governor’s decision to exclude incarcerated people from vaccine access — despite acknowledging urgency of vaccinating other people in congregate settings — is inexplicable and inexcusable,” Tina Luongo, the attorney-in-charge for the criminal defense practice at the Legal Aid Society, said in a statement. “Almost 30 states have concrete plans announcing when incarcerated people can expect shots in the arm. This is a colossal failure of public policy and our clients deserve action now.”
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In January, a New York Supreme Court judge ordered authorities to vaccinate a 65-year-old with chronic lung issues who was behind bars at Adirondack Correctional Facility.
Cuomo’s office did not immediately respond to a request for comment from the Washington Examiner.
