NEW HAVEN, Conn. — Gov. Ned Lamont and Dr. Manisha Juthani, the Commissioner of the Connecticut Department of Public, have been named in two lawsuits, which both contend the state's vaccine and testing mandates are not constitutional.
Two teachers, who are plaintiffs and have chosen not to be vaccinated, contended Friday afternoon even being made to test is illegal.
There are more than a dozen teachers from across Connecticut that are plaintiffs in this COVID suit.
"If you look around, people that got vaccinated are still getting COVID, so why am I being treated different," queried Michael Selearis, a science teacher at New Haven's Wilbur Cross High School.
The plaintiffs, who spoke with FOX61, say it's clear the vaccine and testing mandates are not legal.
"That's because under Emergency Use Authorization, I have to be told that you are not required to take this," said Jim Bellantoni, another Wilbur Cross High School teacher.
And the teachers contend they’ve never been told this.
"Furthermore, anything that is coercive in nature, to try to get you to take it against your will, is illegal," Bellantoni noted.
Connecticut's Attorney General William Tong issued a statement, in response to the suit saying, in part, “Our state's constitution is unambiguous. The governor has broad authority during public health and civil preparedness emergencies to take steps that save lives."
"The governor's power in public health emergencies is a creature of statute, it’s not a constitutional authority and so the the Attorney General is way off," said Attorney Matthew Carlone, who is representing the plaintiffs.
Carlone says the statutory authority to issue mandatory health powers in the case of a public health emergency can only be granted if it’s clear that the vaccination order is going to actually stop or arrest the spread.
"Might I get some pushback? Yes. But I have to do what’s right for me," Selearis said.
One longtime educator and current West Haven Board of Education member Pat Libero said she supports the plaintiffs.
"The FDA, the CDC and all these people have contradicted themselves on so many issues that it’s time to take a stand and say it needs to be a choice not a mandate," Libero said.
One of the plaintiffs says that by teachers being told you can’t have your job unless you test every week that’s coercion, which violates the U.S. constitution, according to the attorney
Tony Terzi is a reporter at FOX61 News. He can be reached at tterzi@fox61.com. Follow him on Facebook, Twitter and Instagram.
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