NEW YORK – New York City’s COVID-19 vaccine mandate for teachers and staff lifted another legal hurdle Tuesday after a judge refused to grant a temporary injunction as the requirement is challenged in court the courts – again.

The lawsuit was filed by a group of teachers and education ministry staff fighting for religious exemptions from the city’s vaccination mandate. That same group lost its request for a temporary injunction last week, but through a federal appeal they were in court again.

Dozens of people gathered on the steps of Thurgood Marshall’s courthouse in Manhattan ahead of the hearing.

Michael Kane, a special education teacher and the main plaintiff in the lawsuit, told PIX11 News ahead of the hearing that their lawsuit could still be successful even if they don’t get the temporary injunction.

“It is always possible that our case will be successful in time, however, it is not known within what time frame such a potential success could come,” he said.

The lawsuit is one of many that have attempted to interrupt the city’s COVID vaccine mandate for DOE staff since it was announced in August. The mandate came into effect on October 1 and enforcement began on October 4.

DOE employees who could not prove they had received at least one dose of a COVID vaccine and who did not receive a religious or medical exemption from the city have been suspended without pay.

As of Tuesday, 95 percent of the 148,000 full-time DOE staff complied with the vaccination mandate, according to a department spokesperson.

About 1,000 exemptions have been granted, of which 300 are short-term and will end at the end of October, the spokesperson said. The short-term waivers were granted due to a temporary illness, such as COVID, which did not allow the staff member to be vaccinated on time.