Dr. Skoly Files Federal Lawsuit
Complaint alleges that the State’s actions barring him from caring for his patients are unconstitutional, irrational, arbitrary, and vindictive
Cranston, RI – Dr. Stephen Skoly and his legal team today filed a lawsuit in federal court against defendants Governor Daniel McKee and Nicole Alexander-Scott, the outgoing Director of the Rhode Island Department of Health (RIDOH), seeking an order to enjoin the State from barring him from caring for his patients as well as a restraining order that would immediately restore his right to continue his practice.
Dr. Skoly, Chairman of the RI Center for Freedom of Prosperity and a highly respected oral and maxillofacial surgeon who regularly provided service to those institutionalized by the State, was ordered by RIDOH on October 1, 2021 to cease providing his critical surgical care to patients, after his request for a medical exemption for the Covid-19 vaccine was denied.
The official complaint was prepared by attorney Brian Rosner, Senior Litigation Counsel for the nationally renowned and Washington, DC based New Civil Liberties Alliance (NCLA) and was filed today in the United States District Court for Rhode Island by local attorney Gregory Piccirilli.
“After four months of being forced out of work, I still held out some hope that all mandates might come to an end in mid February. But now, with Rhode Island’s Speaker of the House and Senate President openly planning with Governor McKee to extend his executive orders and unilateral powers for at least another two months … I am left with no choice but to file this lawsuit,” exclaimed Skoly, who for 18 months of the pandemic safely cared for his patients.
At a special breaking news event, Rosner and Skoly will address the public and the media live today at 4:00 PM virtually on The Ocean State Current in a hybrid press-conference/interview format, hosted by the Center’s CEO, Mike Stenhouse.
The 34-page complaint puts forth two primary arguments for the Court to consider:
First, the complaint claims that Dr. Skoly’s “equal protection” and “due process” rights were violated, under the 14th Amendment to the US Constitution, which states that no State shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In Dr. Skoly’s case, the State of Rhode Island has awarded hundreds of related exemptions to various healthcare professionals, while simultaneously denying Dr. Skoly equal consideration and failing to provide the legal due process that he is entitled to.
Second, the complaint cites that it was an “irrational and arbitrary move” for RIDOH to deny Dr. Skoly’s valid request for a medical exemption. The complaint not only documents Dr. Skoly’s naturally acquired immunity and antibody testing, but also his personal medical history of suffering from Bell’s Palsy facial paralysis, a condition that has scientifically been demonstrated to be associated with the Covid-19 vaccine … and where at least fifteen such cases have been reported in Rhode Island. Risking re-activation of such paralysis in order to continue his medical practice is repeatedly cited in the complaint as an irrational demand by the State of Rhode Island, which has caused “hardship and suffering to hundreds of Rhode Islanders” who are denied care by Dr. Skoly.
In advancing its “equal protection” argument, the complaint discusses how N95 masking has essentially been designated by the State as an acceptable alternative to vaccination. Dr. Skoly, who has agreed to comply with required testing and masking protocols, presents no more risk to patients than the hundreds and thousands of other healthcare workers, vaccinated or not, infected or not, who are currently allowed to care for patients under those same protocols. The complaint continues that the State, in allowing masked and “infected” workers to retain their livelihoods, while barring (infection-free) Dr. Skoly from practicing his profession, is guilty of an “arbitrary and capricious distinction” that “denies Dr. Skoly the equal protection of the law” .. an “action that has the appearance of being vindictive.”
Sources have informed the Center that RIDOH staff have privately admitted that Dr. Skoly was being made an example of, in part, because of his association with “that conservative organization” … as Chairman of our RI Center for Freedom & Prosperity.
Supporting Dr. Skoly’s position, and included in the filing, are over a dozen affidavits from local medical professionals, including statements from multiple national experts on Bell’s Palsy and Covid-19, as well as citation of recent findings from the CDC and updated policies from other countries.
Also, to date, about 4000 emails have been delivered to state officials via an online petition whereby concerned citizens and can #StandWithDocSkoly . The petition, plus related documentation and links can be found on the Center’s website at RIFreedom.org/DocSkoly.