New York’s mask mandate for schools and other public places was struck down by a Long Island judge who said it’s an illegal end-run around the constitution.
The mask-wearing rule was issued Dec. 10 by the state’s health commissioner, at the urging of Governor Kathy Hochul, at the start of the omicron surge of the coronavirus pandemic. A group of parents in Nassau County sued to block the mandate, saying their school-aged children shouldn’t be forced to wear masks.
Nassau Supreme Court Judge Thomas Rademaker ruled Monday that Health Commissioner Mary Bassett lacked legal authority when she issued the regulation, given the state Legislature’s recent move to curb the power of the executive branch.
“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,” Hochul said in a statement. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
Rademaker said mask mandate must be considered a statute, not just a regulation, under state law and that only the Legislature has the power to pass laws.
“While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York, they must take their case to the State Legislature,” Rademaker wrote.
