An appeals court judge ruled Tuesday that New York’s indoor mask mandate will remain in effect as litigation on the COVID-19 mitigating measure continues.

The ruling comes a day after Judge Thomas Rademaker, of the state Supreme Court in Nassau County, struck down Gov. Kathy Hochul’s mask mandate on the grounds it was unconstitutional.

“There can be no doubt that every person in this state wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished. However, enacting any laws to this end is entrusted solely to the State Legislature,” Rademaker wrote.

However, Hochul vowed to appeal it, and Judge Robert Miller on Tuesday ordered the rule to stay in place amid the proceedings.

“[M]y top priority is protecting the people of this state,” Hochul said in a statement applauding Miller for his ruling. “These measures are critical tools to prevent the spread of COVID-19 make schools and businesses safe and save lives.”

“We will not stop fighting to protect New Yorkers and we are confident we will continue to prevail,” she continued.

Attorney General Letitia James said after her office was granted the stay that it was a critical move to stop the spread of the pandemic and save lives.

“We will continue to do everything in our power to prioritize the health and wellbeing of all New Yorkers,” she said.

The rule is set to expire Feb. 1, but Rademaker struck it down on Monday, stating Hochul no longer had the authority to enforce it.

In his ruling, Rademaker said the state legislature passed a law last March under then-Gov. Andrew Cuomo to curb the governor’s powers to issue executive orders during a state disaster emergency.

Following his decision, the state’s Department of Education informed parents, students and staff that masks would still be required in schools, attracting the condemnation of some Republican lawmakers.

Rep. Elise Stefanik issued a statement on Tuesday lambasting Hochul and the Department of Education for “still trying to force young children to wear a mask in school, shamefully disregarding the rule of law.”

“I will hold the New York State Department of Education accountable,” she said.

On Tuesday, the state’s Department of Education said it was “pleased” with Miller’s stay.

“As such, the mask mandate remains in effect for schools across the state,” Commissioner Betty Rosa said in a statement. “We support Gov. Hochul and the state Department of Health as they continue with the appeal.”

Copyright 2022 United Press International, Inc. (UPI). Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI’s prior written consent.

——————————–

Original story is below:

A judge of the New York State Supreme Court has struck down Gov. Kathy Hochul’s COVID-19 mask mandate as unconstitutional, but the state’s Education Department says schools must continue to comply with the requirement.

The mandate was enacted in December for schools and indoor public spaces and was extended until Feb. 1, due to a dramatic rise in coronavirus cases. But Judge Thomas Rademaker of the Nassau County Supreme Court ruled on Monday that Hochul doesn’t have emergency powers to support the restriction.

The New York state legislature passed a law last March to curb the governor’s authority to issue executive orders during a state disaster emergency.

“There can be no doubt that every person in this state wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished,” Rademaker said in his ruling, which was posted by News 12. “However, enacting any laws to this end is entrusted solely to the State Legislature.”

“While the intentions of [Health Commissioner Marry] Bassett and Gov. 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,” he added.

Gov. Kathy Hochul, pictured with New York City Mayor Eric Adams on January 6, said her administration will attempt to get the judge’s ruling reversed. Photo by John Angelillo/UPI

Hochul indicated that her administration will appeal the ruling.

“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,” the governor said in a statement. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”

U.S. Rep. Elise Stefanik, R-N.Y., who’s opposed mask mandates in schools and public places, described the court’s ruling as a “win” for small businesses, parents, students and “freedom for all New Yorkers.”

“Gov. Hochul’s authoritarian mandates were crushing New York small businesses that already have faced unprecedented challenges throughout the COVID-19 pandemic,” she said in a statement. “By forcing masks on the children in our schools, these mandates have impeded the development of our next generation.”

Despite the ruling, the New York Department of Education said children and staff statewide will still be required to wear masks in schools.

“It is [our] understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling,” the department said in a statement. “Therefore, schools must continue to follow the mask rule.”

Copyright 2022 United Press International, Inc. (UPI). Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI’s prior written consent.

—-

This content is published through a licensing agreement with Acquire Media using its NewsEdge technology.

Rating: 4.7/5. From 3 votes.
Please wait...