A State Supreme Court judge has ruled that New York City’s COVID-19 vaccine mandate for municipal workers is unconstitutional.

But the judge’s order only calls for the Adams administration to reinstate a small group of fired sanitation workers who brought the lawsuit earlier this year, according to the city’s law department. The agency maintains the mandate is still in place for all workers outside of the suit.

In a ruling released on Tuesday, Staten Island Supreme Court Justice Ralph Porzio described the municipal vaccination mandate as “arbitrary and capricious.” But a spokesperson for the city's Law Department said the city mandate is still in place for all workers outside of the suit.

“We shouldn’t be penalizing the people who showed up to work, at great risk to themselves and their families, while we were locked down,” Judge Porzio wrote. He accused Dr. David Chokshi, the former city health commissioner, of overstepping his powers in terminating city employees.

The lawsuit was brought by 16 members of the Department of Sanitation who were fired in February after refusing to get vaccinated against COVID-19. Those workers will be immediately reinstated with back pay, according to the filing.

The COVID-19 vaccine mandate was issued last October for city workers in the final months of former Mayor Bill de Blasio’s administration. Since then, more than 1,750 municipal employees have been fired for refusing to get their shots — a small percentage of the city’s workforce that typically hovers around 300,000 people.

The mandate was later extended to the private sector in December. By the spring, current Mayor Eric Adams allowed certain carve-outs for performers and athletes, before repealing the private sector mandate altogether last month.

In his ruling, Porzio took aim at the unequal treatment for public and private employees.

“There is nothing in the record to support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions, like athletes, artists, and performers,” he wrote.

The decision is at odds with other rulings issued by the State Supreme Court, New York's lowest court. The city's mandate will remain in effect until an appellate court resolves the conflicting opinions, according to Law Department spokesperson Nick Paolucci.

"We have already filed an appeal. In the meantime, the mandate remains in place as this ruling pertains solely to the individual petitioners in this case," Paolucci said. "We continue to review the court’s decision, which conflicts with numerous other rulings already upholding the mandate.”

Chad LaVeglia, the lawyer for the workers, disputed the Law Department’s interpretation.

“It’s unconstitutional and it’s arbitrary and capricious, not just for sanitation workers but for everyone," he said. "The city’s appeal is futile, they’re wasting taxpayer money on a policy that is on its face unequal. Last time I checked, equality was a big deal.

Harry Nespoli, president of Teamsters Local 831, the Uniformed Sanitationmen’s Association, said vaccination should have always been voluntary for city workers.

“You [either] wanted the vaccination or you have to be tested every week to try to prevent anybody else from getting sick. I agree with that,” Nespoli said. “I think the mandate was ridiculous, and I think that it's time now to make everybody whole.”

He said the ruling could potentially help other lawsuits challenging vaccination mandates.

“They lifted the [mandate] for the ball players – the elite,” he said. “But yet the city workers – the blue-collar workers – the [people that come] into work every single day are still out of work,” Nespoli said. “They should lift this thing and call back all city workers.”

Contributed reporting by Catalina Gonella.

This story has been updated to include comment from Harry Nespoli.