NEW YORK — A New York appeals court weighed Tuesday whether to uphold a ruling overturning Gov. Hochul’s mask mandate as confusion mounted about whether face coverings are still required in schools and other indoor settings.
Lawyers for the state and Long Island parents of schoolchildren challenging the mandate sparred in court over whether the state Department of Health actually had the authority to require people wear masks indoors.
The hearing was the result of a decision late Monday by Nassau County Judge Thomas Rademaker tossing Hochul’s indoor mask mandate, ruling that such an order could only be implemented through the legislature.
The state filed an emergency appeal, which quickly brought the case before Judge Robert Miller, of the Appellate Division, Second Department.
After a 30-minute hearing, Miller said he would rule either late Tuesday or Wednesday.
In the meantime, there was widespread confusion about masking in schools. Some districts told parents Tuesday that masks were optional. Others said they believed the state mandate remained in place while the appeal is pending.
A spokesman for the state court system said that until the appeals court weighs in, Rademaker’s order overturning the mask mandate is technically in effect.
During the hearing, lawyers for the state argued that ending the mandate would allow COVID-19 to spread more easily in public indoor settings like schools, jails and nursing homes.
“Disrupting the status quo like that will cause immediate and irreparable public harm,” said Judith Vale, a lawyer for the Department of Health.
But the lawyer for the group of parents who oppose mandatory masking in schools argued the state simply does not have the authority to make such an order.
“The law of the land is the law of the land, and there is no valid justification for violating it,” said Chad Laveglia, arguing that the state legislature would need to grant the Health Department the authority for a mask mandate.
As the omicron variant surged, Hochul announced in December that the mandate would go into effect for at least a month.
The mandate covers businesses and venues, as well as schools, public transit, homeless shelters, correctional facilities, nursing homes and health care settings.
Hochul slammed the lower court ruling in a statement.
“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.
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(With Michael Elsen-Rooney)
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