New York judge strikes down state’s mask mandate
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Posted On: 01/25/2022 10:48:44 AM
New York judge strikes down state’s mask mandate
today
A New York Supreme Court judge struck down the state’s mask mandate a week before it was set to expire as omicron cases in the Northeast begin to decline.
A New York State Supreme Court judge in Nassau County ruled Monday that Gov. Kathy Hochul's mask mandate, including for schools, is unconstitutional because she did not have the authority to enact it.
"There can be no doubt that every person in this State wishes, wants, and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished," Judge Thomas Rademaker wrote in his decision. "However, enacting any laws to this end is entrusted solely to the State Legislature."
Hochul released a short statement Monday evening opposing the ruling.
My responsibility as Governor is to protect New Yorkers throughout this public health crisis, and these measures help prevent the spread of COVID-19 and save lives," she said. "We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately."
Late Monday, state Attorney General Letitia James filed a Notice of Appeal to the Appellate Division of state Supreme Court.
The state Education Department, in a brief memo to superintendents on Monday, said such an appeal would "result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule."
The statewide mask mandate is in effect through Feb. 1. Hochul said Friday that she would wait until the end of January before deciding whether to extend it.
School officials were scrambling Tuesday morning to get a handle on the ruling, consult counsel and explain things to their communities.
Most school districts appear to be saying the mask mandate is still in effect. Some said masks were now optional, but the mandate could quickly return if a state appeal triggers a stay.
https://news.yahoo.com/nys-supreme-court-judg...55415.html
today
A New York Supreme Court judge struck down the state’s mask mandate a week before it was set to expire as omicron cases in the Northeast begin to decline.
A New York State Supreme Court judge in Nassau County ruled Monday that Gov. Kathy Hochul's mask mandate, including for schools, is unconstitutional because she did not have the authority to enact it.
"There can be no doubt that every person in this State wishes, wants, and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished," Judge Thomas Rademaker wrote in his decision. "However, enacting any laws to this end is entrusted solely to the State Legislature."
Hochul released a short statement Monday evening opposing the ruling.
My responsibility as Governor is to protect New Yorkers throughout this public health crisis, and these measures help prevent the spread of COVID-19 and save lives," she said. "We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately."
Late Monday, state Attorney General Letitia James filed a Notice of Appeal to the Appellate Division of state Supreme Court.
The state Education Department, in a brief memo to superintendents on Monday, said such an appeal would "result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule."
The statewide mask mandate is in effect through Feb. 1. Hochul said Friday that she would wait until the end of January before deciding whether to extend it.
School officials were scrambling Tuesday morning to get a handle on the ruling, consult counsel and explain things to their communities.
Most school districts appear to be saying the mask mandate is still in effect. Some said masks were now optional, but the mandate could quickly return if a state appeal triggers a stay.
https://news.yahoo.com/nys-supreme-court-judg...55415.html
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