A New York State judge ruled on Monday that the state’s mask mandate was enacted unlawfully and is now void, according to court documents.
In December 2021, amid a winter virus surge, Gov. Kathy Hochul renewed a mask mandate at all indoor public places throughout the state — including schools and nursing homes, and on public transit — to last a month. The state Health Department then extended the mandate an additional two weeks, to expire Feb. 1.
In his decision, State Supreme Court Justice Thomas Rademacher wrote that Ms. Hochul and state health officials lacked the authority to enact the mask mandate without the approval of state lawmakers. Regardless of the “well aimed” intentions of state officials, this is “entrusted solely to the State Legislature,” Justice Rademacher wrote.
The state attorney general’s office is planning to appeal the ruling. And Emily DeSantis, a spokeswoman for the state Education Department, said the state Health Department would appeal, which would automatically restore the mask rule until an appellate court issues a ruling.
“Therefore, schools must continue to follow the mask rule,” she added.
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