A judge tossed out a lawsuit Wednesday from Denver police officers who sued to block the city’s vaccine mandate from taking effect.
A group of seven officers filed a lawsuit arguing that the city of Denver did not have the authority to impose the mandate under Mayor Michael Hancock’s local disaster emergency, which was put into effect at the start of the pandemic, The Associated Press reported.
The suit noted that Democratic Gov. Jared Polis ended his statewide emergency order in July. It also argued that the city should have to follow the same process the state has to follow when imposing regulations, according to the report.
Judge Shelley Gilman ruled Wednesday that the officers didn’t follow the correct procedure when filing the suit. Rather than directly suing the city, the officers should have appealed the mandate to the health board, according to the AP. (RELATED: EXCLUSIVE: Senate Republicans To Introduce Legislation To Block Federal Agencies From Requiring Proof Of Vaccination)
Gilman therefore ruled she did not have the jurisdiction to rule on the case, according to the report.
Hancock said the dismissal “confirms this mandate is an appropriate way to protect the health and safety of city employees” in a tweet.
The judge’s ruling confirms this mandate is an appropriate way to protect the health and safety of city employees and workers in high-risk settings throughout Denver. https://t.co/lh4vyN09oL
— Michael B. Hancock (@MayorHancock) September 29, 2021
Under Denver’s public health order, all city employees must show proof of vaccination by Thursday. Workers may be dismissed if they do not comply.
Officers who are not fully vaccinated by Thursday will face a 10-day suspension without pay, according to ABC 7 Denver.
Roughly 82% of the Denver Police Department are fully vaccinated, according to city data. Within the sheriff’s department, 78.3% are fully vaccinated.
Denver officers aren’t the only ones pushing back against the vaccine mandate. Dozens of Massachusetts state troopers have resigned in recent weeks due to the state’s COVID-19 vaccine mandate.