A veteran Queens teacher who was fired for refusing to get the COVID vaccine and then reinstated by a judge says she was still blocked from entering her school Tuesday.
Daphne Halkias, a single mom of four and educator for nearly 30 years, told The Post she “did everything right” in terms of fighting her case — and is now “kind of disgusted” that she is continuing to be hassled.
“I’m not a criminal, and yet they are making me feel like I’m breaking the law,” Halkias, 55, said after she was unceremoniously booted from PS-85 in Long Island City when she showed up for teacher orientation.
A judge last month ruled that Halkias was to be reinstated to the city Department of Education effective Aug. 1, after a protracted court battle over her employment.
Veteran city teacher Daphne Halkias, who was fired for refusing to get the COVID vaccine and then reinstated by the courts, says she wasn’t allowed into her school Tuesday. J.C. Rice
Halkias is escorted off school grounds in Queens on Tuesday morning. Courtesy of James MermigisHalkias of Whitestone had been working as a pre-kindergarten teacher at the Judge Charles Vallone School for 23 years, and with the DOE for 29 years, when she was canned Sept. 5, 2022, for refusing to get the jab for religious reasons as a Greek Orthodox Christian.
Queens Supreme Court Justice Chereé Buggs last month found that the DOE’s denial of Halkias’ religious exemption was “arbitrary and capricious, lacking a factual basis and adequate explanation” and ordered her to be instated with back pay.
The pre-K teacher lost her job in 2022 for refusing to get the jab. J.C. RiceBut “I went today for work, and I was told that there was nothing for me,” Halkias told The Post on Tuesday. “The principal said that she had no directions given to her about my case, there was no position for me, and I couldn’t get a time card because I’m not officially in the system.
“And she was told that if I were to stay there, I would have to be escorted out — which my old security guard had to escort me out.”
Halkias was making $128,000 annually after her years with the agency and was only six months away from reaching full retirement benefits at the time she was fired, she said.
She filed suit in January 2023 to have the decision overturned, and after more than a year, won her case just a month before the 2024-2025 school year was set to kick off.
Halkias said she was “absolutely relieved” when the ruling came out. But she said she soon began to realize her fight may not be over — after notifying the school of her court victory and then being given the run-around.
Halkias has worked at her Queens school for 23 years. Courtesy of James Mermigis
She showed up to PS-85, The Judge Charles Vallone School, in Long Island City on Tuesday, only to be barred. J.C. RiceHalkias said the principal told her she was under review and needed to contact the teachers’ union and the DOE.
Halkias’ lawyer, James Mermigis — who has been dubbed the “anti-shutdown” lawyer for his pandemic-related litigation – said he wonders if the fact that his client was a top-tier paid teacher who was months away from retirement explained why the DOE was fighting so hard against her reinstatement.
“She was making a very good salary, and they probably replaced her with someone making a minimum salary,” Mermigis said. “She did everything the right way. … Now they are still turning their backs on her.”
Mermigis says he received multiple emails Tuesday morning from a city lawyer telling him to instruct Halkias to leave the school.
Halkias was just six months away from retirement when she was fired from her position at the school. J.C. Rice“Please be advised that because your client is not an employee of the DOE, she will not be admitted into the school building,” reads an email obtained by The Post from Kathleen Linnane — a lawyer with the City Law Department — to Mermigis. “It is my understanding that your client is refusing to leave school grounds and that her attorney has advised her ‘to stay and not leave.’ Please ask your client to vacate DOE grounds immediately.”
Mermigis says he plans to file a contempt-of-court motion this week against the city.
“This action by the city is not only a blatant violation of the court’s ruling but also a grave injustice to an educator who has already endured unwarranted hardship,” he said.
Court records show the DOE filed an appeal of Buggs’ ruling Tuesday.
Nathaniel Styer, a spokesman for the DOE, confirmed the filing and said the DOE has “acted accordingly.
“Numerous courts have upheld the city’s thorough process for evaluating requests for religious accommodations in connection with the vaccine mandate,” Styer said.
The city Law Department said the DOE’s notice of appeal triggered an automatic “stay” — or pause — keeping Buggs’ decision from going into effect.
But Mermigis claimed there is no automatic discretionary stay in the Second Department appeal court that Queens cases go to after a decision. In a similar case last month, the appeal court denied an automatic stay, Mermigis noted.






