BUFFALO, N.Y. (WBEN) The statewide mask mandate for schools and other indoor businesses is in legal limbo.
A ruling Monday, striking down the statewide mask mandate, has reverberated across the state after the judge said his decision was not about masks or their effectiveness, but that the mandate itself is a violation, since it was improperly enacted without approval from the state Legislature.
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While the state has filed an appeal, legal expert Paul Cambria says there is not an automatic 'stay', so the court's decision is still in play.
"What it looks like to me," said Cambria," is that the judge downstate, basically took a page from the Supreme Court's book, when they ruled that OSHA didn't have the power to promulgate the mandatory vaccine for large businesses. It's the same thing here. The judge basically said the Commissioner of Health doesn't have the power (to impose a mask mandate). It's a legislative act and the state legislature has not done so."
Asked what happens next, Cambria said the state can go to the court and ask for a stay. The court would have to make a decision based on that. It would not be automatic.
He expects the state to ask for a stay. The court will decide whether or not the decision has merit, whether or not it should be stayed, and whether it should be continued.
In the meantime, Cambria said there are mixed signals. "Schools are saying wear the masks anyway. It's sort of a mess. The Heath Department should follow the court's ruling."
Cambria adds if the state health department is telling schools to disregard the judge's order, that's contempt of court.
He thinks it will be cleared up in a couple of days by the Appellate division. They will ultimately decide whether or not to impose a stay. He expects it will probably be put it on a fast track.
In the meantime, the situation at public and private schools is confusing to say the least.
The ruling was a complete surprise to Michael Cornell, President of the Erie Niagara School Superintendent's Association. "I was taking my wife's car in to get fixed and my phone started to explode. It caught us all off guard," he said.
Within an hour or so of that ruling, Cornell said the New York State Education Department ordered all school superintendents in the state to continue to follow the mask mandate, pursuant to a stay.
"I understand the confusion," he said. "School superintendents understand and share the frustration, but the long and short of it is, that kids still need to wear masks in school." Cornell adds, the ruling is putting school administrators in a difficult position.
What will happen if students refuse to wear a mask in school? "We're going to have to work with the child and the family." Cornell wants parents to remember that the mandate is not from the schools. "It's a state rule," he said. "I hope that families don't put their child or the school in the middle of what is really a fight with the state."
Cornell said he understands the frustration of families. "I don't know a single school superintendent who wants these requirements and restrictions to continue for a day more than they need to. We all hope the lifting of the mask mandate is soon, but today is not the day," he added.
Erie County has its own mask mandate. It was imposed by County Executive Mark Poloncarz under emergency powers he has held since the beginning of the pandemic in March of 2020.
Is the mask mandate in schools under New York State or Erie County jurisdiction? "That's difficult to answer on the spot," said Cornell.