The Legal Aid Society, Neighborhood Defender Service of Harlem, The Bronx Defenders, the New York Civil Liberties Union, and Brooklyn Defender Services filed an Article 78 petition today on behalf of all individuals held in New York City jails, reports POLITICO New York.

The petition alleges that Governor Andrew Cuomo’s refusal to include all incarcerated people in the pool of individuals eligible for COVID-19 vaccinations–while providing vaccinations to others living in congregate settings and to Department of Correction (DOC) employees–ignores science and public health mandates and arbitrarily excludes incarcerated New Yorkers in violation of the equal protection clause of the 14th Amendment to the United States Constitution.