What will Hochul decide about New York's mask mandate?

Gov. Kathy Hochul will announce Wednesday whether she will lift New York's universal mask requirement in public places and in K-12 schools.

The New York Times, citing sources familiar with the decision, reported Tuesday night that she will eliminate the mask mandate for public places. It was due for renewal on Thursday. The Times said it was unclear whether masking in schools also would be ended.  

Hochul had been getting pressure to lift the mandate like the governors in surrounding states have done.  

She met with school leaders and stakeholders Tuesday, and the educators left feeling pessimistic there would be a change in the classroom rule.

"There is little in what I heard today that would give me confidence that the mandate is going to be lifted as scheduled on Feb. 21," said Hamburg Central Superintendent Michael Cornell, who also is president of the Erie-Niagara School Superintendents Association.

Cornell attended the virtual meeting as part of his role with the New York State Council of School Superintendents. The governor met with representatives of superintendents, principals, school boards and parent teacher associations. 

"I think all school leaders and stakeholders appreciate the fact that the governor is at least active and reaching out and soliciting the input of school leaders and other stakeholders in the school ecosystem," Cornell said. "It was, I think, clear to those in attendance that the lifting of the mask mandate is under consideration."

The mask requirement in schools is scheduled to expire Feb. 21, and school leaders have been sending the governor letters asking for it to be lifted. 

Cornell said the majority of employees in schools are vaccinated and children are at the least risk but have suffered the most restriction-based consequences from Covid-19.

"School superintendents are eagerly awaiting the end of the mask mandate and feel confident we can keep everyone safe under a mask-optional framework," he said. 

Parents from 14 school districts in central and Western New York signed onto a federal lawsuit filed Tuesday in Buffalo against the governor, Erie County Executive Mark Poloncarz and Health Commissioner Dr. Gale Burstein, among others, saying the "suffering of our young people through lockdowns, isolation, quarantine and now mask mandates has been for naught as Covid rates are higher than ever after all these harsh measures have been installed."

And two Erie County parents Tuesday sought a declaratory judgment in State Supreme Court to vacate an emergency regulation from the state Health Department that requires students wear masks in schools.

Previously, a State Supreme Court justice lifted Hochul's mandate for masks in public places, but a higher court allowed the mandate to stay in place while the appeal is pending. Hochul extended until Thursday the requirement to wear masks in all indoor public places unless the business or venue implements a Covid-19 vaccine requirement. She said the requirement would be reviewed in two-week increments.

In anticipation of Hochul announcing a relaxation or end to statewide mask mandates, Poloncarz released a statement Tuesday stating that if the state ends its indoor mask-wearing policy for public places, the county will, as well.

"Erie County is prepared to follow the lead of Governor Hochul as she updates the public on New York State’s stance on masking in tomorrow’s announcement," he said Tuesday.

He noted that when he enacted his mandate regarding mask-wearing in public places in November 2021, Covid cases related to the Delta variant were skyrocketing and hospital capacity was at less than 10%. Then the Omicron variant struck.

"Today, thankfully, new infections have dropped tremendously, and hospital bed capacity rates have stabilized," he said, adding, "While these are positive and encouraging signs, a cautious, fact-based approach has always been most prudent and we will remain vigilant while monitoring this data in days and weeks to come."

Poloncarz also said that if the governor continues her statewide mask requirement, Erie County will continue its own indoor masking policies for consistency. Poloncarz has faced increasing criticism and political pressure for the county's mandate, which was enacted prior to Hochul's statewide mandate. However, the statewide mandate has been even more strict regarding what is considered a public location.

The mask mandates were enacted when Covid-19 infections were rapidly rising. But now they are coming down, with Hochul announcing that the state on Monday had the lowest statewide cases per 100,000 on a seven-day average since Nov. 30, the fewest hospitalizations since Dec. 26 and the fewest patients in intensive care units since Dec. 20.

Hochul's decisions on the mask mandates will come as governors in at least five other states announced this week plans to scale back or eliminate their mandates.

As of Tuesday, there's some form of a statewide mask mandate for schools in 15 states, including New York, in addition to Washington, D.C., according to the nonpartisan National Academy for State Health Policy. Eight states ban mask mandates in schools.

Eleven states have broader indoor mask mandates in place, as does Washington, D.C.

On Monday, the governors of five states made announcements about their plans for mask mandates, according to the Associated Press.

New Jersey – Masks will no longer be required for students, staff or visitors of schools and child care centers starting March 7, Gov. Phil Murphy announced. Individual school districts and child care facilities will be allowed to require universal masking. Schools won't be allowed to bar the wearing of masks. New Jersey does not have a statewide indoor mask mandate for other public buildings.

Delaware – Delaware's universal indoor mask mandate will expire on Friday, Gov. John Carney said. He also announced that the state’s school mask mandate will run through the end of March at which point it is scheduled to expire. That date was chosen to give parents time to get their children vaccinated.

Connecticut – Gov. Ned Lamont recommended a plan that would end Connecticut's mask mandate in schools and child care centers on Feb. 28. The plan is contingent on the Connecticut General Assembly voting to extend the existing executive order that will expire Feb. 15, according to Lamont's office.

In Connecticut, unvaccinated people are required to wear masks in indoor public spaces where close contact is unavoidable. Lamont said he wants mask mandates to remain in place in "healthcare facilities, facilities housing vulnerable populations, public and private transit, and correctional facilities."

Oregon – Oregon’s mask requirements for schools will be lifted March 31. The statewide mask requirement for indoor public places will be lifted no later than the end of March, health officials announced. The state health department indicated that the mask requirements could be lifted sooner if the number of new cases and hospitalizations drops faster than expected.

California – California is set to drop its universal mask mandate for indoor space for vaccinated people Feb. 16. "Everyone will have to wear masks in higher-risk areas such as public transit and nursing homes and other congregate living facilities, state officials said. Also, local governments will be allowed to continue their own indoor masking requirements. State officials also announced that indoor “mega events” with more than 1,000 people will have to require vaccinations or negative tests, and those who are unvaccinated will be required to wear masks. In Los Angeles County, which is hosting the Super Bowl on Sunday at SoFi Stadium, which is considered an outdoor facility despite having a roof, fans will have to show proof of vaccination and wear a mask unless they're actively eating or drinking, according to KTLA News.

Pennsylvania – Pennsylvania's Supreme Court struck down the state's school mask mandate in December.

News staff reporter Sandra Tan contributed to this report.