A State Supreme Court justice on Long Island ruled Monday that New York State’s mask mandate is null and void – but in schools and for those living in Erie County, little will change.
The State Education Department sent a message to school districts statewide Monday night declaring that they must continue to enforce the mask rule.
Erie County’s local mask requirement also remains in effect, according to a spokesman for County Executive Mark Poloncarz, who ordered masks to be worn in public across Erie County several weeks before Hochul introduced a statewide mandate. Poloncarz noted Monday night that the county's mandate was not changed by Monday's court ruling because it “is based on different state laws.”
Justice Thomas Rademacher declared Monday in a state courtroom in Nassau County that the order last month by State Health Commissioner Dr. Mary T. Bassett requiring face coverings in public places violated the State Administrative Procedure Act, which the Legislature enacted in March in response to the measures taken by former Gov. Andrew Cuomo after he declared a disaster emergency in the early days of the pandemic in 2020.
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“While the intentions of Commissioner Bassett and Gov. (Kathy) Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature,” Rademacher wrote.
The judge was clear in noting that his ruling was based on the legalities of the situation, and should not be interpreted as casting doubt on whether masks help stop the spread of Covid-19.
The ruling does not preclude private businesses from requiring people to wear masks.
Nor, apparently, does it affect schools. The State Education Department officials, in their message, stated that the mask order is “the subject of conflicting decisions” and cited a recent ruling by Albany County Supreme Court upholding the mandate.
“It is SED’s understanding that the Department of Health will appeal the Nassau County Supreme Court decision,” the message stated, “which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further rule.”
No such stay was issued by Judge Rademaker in striking down the mandate Monday, though an appeals court could stay the lower court's ruling and put the mandate back into effect while the case is litigated.
Hochul expressed her displeasure with the decision in a statement Monday night.
“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. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
Earlier in the day, prior to the judge's decision, Hochul told the Editorial Board of The Buffalo News that she was optimistic that Covid-19 infections were on the decline, and that if the state continued in that direction, she would rescind the mask mandate voluntarily.
"I look forward to the day of rolling these back, I truly do," she said in a virtual meeting with editors and reporters of The News. "But I can't sit here today and say I have a number where magic is going to happen.
"I don't think it's too many more weeks out in the future, maybe a few more months, I'm not sure. But there will come a time."
