‘I’m Not a Criminal’: Teacher Who Refused COVID Vaccine Barred From School Despite Being Reinstated After Winning Court Battle
Daphne Halkias, a veteran educator with nearly 30 years of service, has found herself caught in a legal and bureaucratic battle even after winning a court order for her reinstatement.
The 55-year-old Queens teacher, who was terminated last year for refusing the COVID-19 vaccine on religious grounds, was blocked from entering her school on Tuesday despite a judge’s ruling reinstating her.
The New York Post reported Halkias, a single mother of four, was overjoyed when Queens Supreme Court Justice Chereé Buggs ruled in her favor last month.
The court found that the New York City Department of Education (DOE) had wrongfully denied Halkias’ request for a religious exemption from the vaccine mandate, deeming the decision “arbitrary and capricious.”
The judge ordered Halkias to be reinstated with back pay effective August 1.
When Halkias arrived at PS-85 in Long Island City for teacher orientation, however, she was informed that there was “nothing” for her at the school.
“I’m not a criminal, and yet they are making me feel like I’m breaking the law,” she said, visibly distressed after being escorted out by security.
The principal reportedly told Halkias that she had received no instructions regarding her reinstatement, and that there was no position available for her at the school.
Additionally, Halkias was not issued a time card, which would officially mark her return to the DOE payroll system.
“I went today for work, and I was told that there was nothing for me,” Halkias told the Post on Tuesday.
“The principal said that she had no directions given to her about my case, there was no position for me, and I couldn’t get a time card because I’m not officially in the system.”
Halkias’ attorney, James Mermigis, who has gained a reputation as the “anti-shutdown” lawyer for his pandemic-related legal cases, expressed frustration over the DOE’s actions.
He suggested that financial motives might be at play, noting that Halkias was earning a substantial salary of $128,000 annually and was only six months away from reaching full retirement benefits when she was terminated.
“They probably replaced her with someone making a minimum salary,” Mermigis speculated. “She did everything the right way. … Now they are still turning their backs on her.”
Mermigis revealed that he received several emails on Tuesday morning from a city lawyer instructing him to have Halkias vacate the school premises immediately.
“Please be advised that because your client is not an employee of the DOE, she will not be admitted into the school building,” read one email from Kathleen Linnane, a lawyer with the City Law Department.
The Post further noted that Halkias’ legal team plans to file a contempt-of-court motion against the city, arguing that the DOE’s actions violate the court’s ruling and exacerbate the hardship she has already endured.
“This action by the city is not only a blatant violation of the court’s ruling but also a grave injustice to an educator who has already endured unwarranted hardship,” Mermigis said.
The DOE, however, has filed an appeal against Justice Buggs’ ruling, triggering what the city’s Law Department claims is an automatic “stay” of the decision.
According to DOE spokesperson Nathaniel Styer, the city has “acted accordingly” and maintains that multiple courts have supported its process for evaluating religious exemption requests related to the vaccine mandate.
Mermigis disputes the DOE’s stance though, pointing out that the Second Department appeal court, where Queens cases are handled, does not grant an automatic stay.
He highlighted a recent similar case where the court denied such a stay, raising questions about the DOE’s legal argument.
As the legal proceedings continue, Halkias remains in a state of limbo, unable to return to her classroom despite a favorable court ruling.
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