Abadi v. Adams

Background

Aaron Abadi, proceeding without a lawyer, sued 17 defendants, including New York City Mayor Eric Adams, the City of New York, former Mayor Bill De Blasio, New York City Department of Health and Mental Hygiene officials, federal agencies and officials, the World Health Organization, Pfizer, Moderna, EcoHealth Alliance, and social-media companies. He invoked federal-question jurisdiction and sought declaratory relief, orders requiring defendants to act or stop acting, and money damages.

Abadi challenged several New York City COVID-19 vaccination requirements issued in 2021. He alleged that he had contracted COVID-19 in late 2020 and therefore had natural immunity. He said the requirements discouraged him from applying for a contract-manager position with the New York City Department of Sanitation and prevented him from visiting places such as a movie theater, restaurants, a gym, and indoor malls. He also alleged that federal defendants, the World Health Organization, pharmaceutical companies, and social-media companies promoted misleading vaccine information, concealed adverse effects, or censored opposing views. The complaint asserted constitutional, statutory, civil-rights, state-law, and tort claims.

Court’s Analysis

The court applied the requirement that a person bringing a federal lawsuit show standing. Standing requires a concrete and personal injury, a connection between that injury and the defendants’ conduct, and a likelihood that a court decision would remedy the injury.

The court held that Abadi lacked standing for claims based on the New York City vaccination requirements. His allegation that he wanted to apply for a City job but decided not to do so because of the vaccination requirement was essentially the same as an allegation rejected in his earlier related case. The court concluded that he was not prevented from applying; he chose not to apply. The court likewise found no concrete injury from his alleged inability to visit indoor establishments because he did not allege that he actually tried to enter one and was turned away or denied service.

The court also held that Abadi lacked standing for claims against the non-City defendants based on alleged vaccine misinformation, promotion, censorship, or related conduct. It found that those alleged injuries were general complaints shared with the public, rather than injuries affecting Abadi personally and individually. Because the court resolved the case for lack of standing, it did not decide whether the asserted constitutional, statutory, or tort claims were legally valid on their merits.

Disposition

The court dismissed the action without prejudice for lack of standing. Judge Laura Taylor Swain denied leave to amend, reasoning that Abadi had litigated numerous cases, had previously been told that substantially similar allegations did not establish standing, and had not cured those deficiencies. The court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to enter judgment.