Topline
A New York judge on Monday struck down the state’s mask mandate stating that it was enacted unlawfully, ending a directive that was put in place in December to tackle an omicron fueled winter surge in Covid-19 cases that is now subsiding.
People wear masks at an indoor mall in The Oculus in lower Manhattan on the day that a mask mandate … [+]
Key Facts
In his ruling, State Supreme Court Judge Thomas Rademaker said that Gov. Kathy Hochul and state health officials did not have the authority to enact the mandate without the approval of state lawmakers.
Judge Rademaker ruled that regardless of the “well aimed” intentions of the state officials such regulations need to be “attached to a law that the State Legislature has passed.”
In a statement issued in response to the judgment, Hochul said she strongly disagrees with the ruling and is “pursuing every option to reverse this immediately.”
The state attorney general’s office plans to appeal the ruling, the New York Times reported.
According to the Wall Street Journal, the state’s Education Department sent a message to schools late on Monday noting the mask rules will stay in place pending an appeal, and instructed them to keep following the mandate.
Crucial Quote
In a statement applauding the ruling Congresswoman Elise Stefanik (R-N.Y.) said: “Today’s ruling is a win for small businesses, parents, students, and the freedom of all New Yorkers…Governor Hochul’s authoritarian mandates were crushing New York small businesses that already have faced unprecedented challenges throughout the COVID-19 pandemic. By forcing masks on the children in our schools, these mandates have impeded the development of our next generation”
Key Background
New York’s mask mandate was initially put in place back in April 2020 during the state’s first wave of Covid infections. The first mandate was eventually lifted in June 2021, after 70% of the state’s adult population received at least one vaccine dose. However, Hochul reintroduced the mandate in mid-December as New York faced a massive surge in Covid-19 cases, fueled by the highly infectious omicron variant. The mandate was extended by Hochul earlier this month and was set to remain in place till February 1. While the winter surge appears to be relenting, the daily average of new cases and positivity rates still remain higher than what they were at the beginning of December.
Further Reading
New York Mask Mandate Struck Down by Judge (Wall Street Journal)
A New York judge rules that the state’s mask mandate is unconstitutional and can’t be enforced. (New York Times)
Source: https://www.forbes.com/sites/siladityaray/2022/01/25/judge-strikes-down-new-york-states-mask-mandate/