NEW YORK (WCBS 880) — New York State was granted a stay on Tuesday, allowing the statewide mandate on face coverings and masks inside schools and other indoor businesses to remain in effect while the case is appealed.
"A judge has granted our motion to keep New York's mask mandate in place while our appeal process continues," Attorney General Letitia James tweeted Tuesday afternoon. "Protecting the health of New Yorkers during the #COVID19 pandemic is our top priority."
In a statement on Tuesday, Gov. Kathy Hochul said, "As Governor, my top priority is protecting the people of this state. These measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives."
She added, "I commend the Attorney General for her defense of the health and safety of New Yorkers, and applaud the Appellate Division, Second Department for siding with common sense and granting an interim stay to keep the state's important masking regulations in place. We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail."
The state Appellate Judge's decision comes a day after Nassau County Supreme Court Justice Thomas Rademaker voided the statewide mask mandate set by Hochul, saying it was improperly enacted without approval from the state Legislature.
In his ruling, Rademaker added that his decision is not to deny the effectiveness of masks, just that the mandate itself violates the New York State Constitution.
“As stated previously, 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 accomplished,” Rademaker said in his ruling.
“However, enacting any laws to this end is entrusted solely to the State Legislature,” he continued.
Rademaker noted that if a law requiring masks be worn inside schools and indoor businesses was passed by the state Legislature, then the requirement would be allowed to remain in place.
James' office appealed Rademaker's ruling on Tuesday morning. Justice Robert Miller, who granted the stay, scheduled a followup hearing on the mask mandate for Friday.
Hochul, along with Health Commissioner Mary Bassett, issued the statewide mask mandate for schools and indoor businesses on Dec. 10, 2021, to address the “winter surge” of COVID-19 cases.
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Since then, some municipalities and parents across the state – including in some Nassau County school districts – have been calling for masks to be optional for children.
Earlier this month, Nassau County Executive Bruce Blakeman also signed an order that would allow individual school districts in the area to decide whether to drop mask requirements for students or not.
At the time, Gov. Hochul stressed that the state’s mandate overrides a county executive’s order, and implied schools that do drop the mask requirements would lose funding from the state Department of Education.
Following Monday’s ruling, Blakeman spoke with WCBS 880, calling it a “tremendous victory for the people of New York State.”
“As of now, there is no mask mandate,” Blakeman said. “And it’s what I’ve been saying all along that the governor did not have the authority – and the health commissioner did not have the authority – to promulgate a mandate.”
“I have maintained all along that we researched all of the law and we could not find any authority for the mandate,” Blakeman continued. “We have to be very careful in America when a public official acts beyond the authority given to them by the constitution of either the United States or the state of New York and that seems to be the case here.”
Hochul reacted to the ruling stating, "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. We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately."
In a letter to superintendents around New York, The State Education Department said Monday that schools must continue to follow the mask mandate rule despite Rademaker's ruling.
"The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep’t of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al," the department said.
They added, "It is SED’s 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. Therefore, schools must continue to follow the mask rule."
However, following Rademaker's ruling, Plainedge, Massapequa, North Merrick and Smithtown school districts said masks will now be optional, effective immediately. Jericho will continue to follow mask rules.
Edward A. Salina Jr., superintendent for the Plainedge Union Free School District, said, "Effective immediately we are restoring parental choice as it relates to the use of masks in our schools for all students. The use of masks is now optional for all students and staff. Thank you for your continued support. The health and safety of all children and staff remain our top priority."
Meanwhile, The Massapequa School District said, "Earlier today NYS Supreme Court Justice Thomas Rademaker ruled that the Governor and Commissioner of Education do not have the authority to issue a mask mandate without a vote of the State Legislature. While it is certain this decision will face legal challenges, until otherwise litigated, mask wearing will be optional for students and staff in the Massapequa Schools beginning Tuesday."
New York State United Teachers President Andy Pallotta also issued the following statement Tuesday on mask wearing in schools:
“Public health experts have been clear that masks are an important part of the strategies designed to keep students, educators and our communities safe. Their current guidance is that masking up is the right thing to do, particularly given the still-elevated infection rates. In the meantime, we’re looking to state health officials to set a clear off-ramp for when mask requirements in schools can be relaxed so students, families and educators have some certainty that there is light at the end of this long tunnel.”
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