A judge reinstated a Staten Island firefighter who lost his job over the COVID-19 vaccine mandate, according to a decision that could help other smoke eaters. Timothy Rivicci – who filed suit after he was terminated in March – will be reinstated to his full duties at Engine 158 and granted a religious exemption from the jab, according to a decision handed down on Tuesday by Staten Island Supreme Court Justice Ralph Porzio.
Rivicci will also receive back pay and compensation for lawyers’ fees, the judge ruled. “When I heard the judge’s decision I was extremely, extremely grateful,” said the 31-year-old firefighter who’s been with the agency since 2016. “I felt like my life was taken away when all of this started and he gave me back my life.”
Porzio found the city’s decision firing Rivicci “arbitrary and capricious” because it didn’t explain its decision nor did it engage in dialogue to work out a solution with him. The judge said people are still contracting COVID despite being vaccinated and the guidelines for quarantine and isolation are the same for people with or without the vaccine.