The U.S. Court of Appeals for the First Circuit affirmed a lower court's decision denying preliminary injunctive relief to eleven employees who challenged the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority's COVID-19 vaccination policy. The ruling, issued Jan. 9, 2026, represents the second time this litigation has reached the federal appeals court.
The case, *Brox v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority*, involves Captain Albert Brox and ten other current and former Authority employees who sought to block enforcement of the transportation agency's pandemic-era vaccination requirements. Circuit Judge William J. Howard Jr. authored the opinion affirming the district court's decision.
The Authority, which operates ferry services connecting the Massachusetts mainland to Martha's Vineyard and Nantucket, implemented its COVID-19 Vaccination Verification Policy in January 2022. According to court documents, the policy was adopted "in order to prevent viral infection and transmission" among employees and passengers using the essential transportation service.
The litigation has a complex procedural history. The First Circuit previously addressed this case in 2023, issuing an opinion in *Brox v. Woods Hole, Martha's Vineyard & Nantucket S.S. Auth.* that remanded the matter to the U.S. District Court for the District of Massachusetts for further consideration. Following that remand, the district court, presiding under U.S. District Judge Richard G. Stearns, again declined to issue the requested preliminary injunction.
The eleven plaintiffs, represented by Patrick K. Daubert of Daubert Law, PLLC, argued that the Authority's vaccination policy violated their rights and sought immediate relief pending resolution of their underlying claims. The employees included various positions within the ferry operation, from Captain Brox to other operational staff members including Kimberly Fernandes, James Bondarek, Andrea Sheedy, Paul Menton, Christopher Ovaska, Mark Anderson, Tim Richardson, Steven Ennis, Sonia Simoneau, and Jeffery D'Amario.
The Authority and defendant Janice Kennefick were represented by Ryan W. Jaziri, Keith H. McCown, and Jeffrey T. Collins of Morgan, Brown & Joy, LLP. The defendants successfully argued that the employees were not entitled to preliminary injunctive relief against the vaccination policy.
Preliminary injunctions represent emergency relief that courts may grant when plaintiffs demonstrate they are likely to succeed on the merits of their case and will suffer irreparable harm without immediate intervention. Courts also consider whether the balance of hardships favors the moving party and whether granting an injunction serves the public interest.
The First Circuit panel, consisting of Chief Judge David J. Barron and Circuit Judges William J. Howard Jr. and Juan R. Torruella, found that the district court properly denied the requested relief. Circuit Judge Howard noted in the opinion that "[t]he factual record has changed little" since the court's previous review of the case in 2023.
The Authority's vaccination policy required all employees to receive COVID-19 vaccination as a condition of employment. Such workplace vaccination requirements became common across various industries during the pandemic, though they faced legal challenges from employees citing religious, medical, or constitutional objections.
The ruling comes as courts continue to address the legal legacy of pandemic-era workplace policies. While emergency health measures adopted during COVID-19's peak have largely been rolled back, litigation challenging various aspects of pandemic response continues to work through the federal court system.
The transportation industry faced particular scrutiny regarding health and safety measures during the pandemic, given the essential nature of many services and the close quarters inherent in public transportation. Ferry services like those operated by the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority were considered critical infrastructure, connecting island communities that rely on ferry transportation for essential goods, services, and medical care.
The Authority serves as the primary transportation link between Cape Cod and the popular vacation destinations of Martha's Vineyard and Nantucket. The agency operates multiple vessel routes and employs hundreds of workers in various capacities, from vessel operations to terminal services.
While the appeals court's decision focused specifically on the preliminary injunction request, the underlying lawsuit challenging the vaccination policy may continue in district court. The denial of preliminary relief does not resolve the merits of the employees' claims but indicates that they failed to meet the high standard required for emergency judicial intervention.
The case reflects broader tensions that emerged during the pandemic between employer health and safety policies and employee concerns about vaccination requirements. Various federal courts have reached different conclusions regarding the scope of employer authority to implement such policies, particularly in the public sector.
The First Circuit's affirmance represents another judicial decision supporting the authority of public transportation agencies to implement health and safety measures during public health emergencies. The ruling may influence similar litigation pending in other jurisdictions involving transportation workers and vaccination policies.
The plaintiffs could potentially seek further review, though options for additional appeals are limited following a preliminary injunction denial. The underlying case may proceed to trial on the merits, where the employees would need to prove their claims regarding the vaccination policy's legality.