Buffalo, N.Y. (WBEN) - Despite the statewide mask mandate for schools set to be lifted in New York on Wednesday, March 2, a federal lawsuit against Gov. Kathy Hochul and other public officials will remain ongoing, however with a longer-term picture now in mind.
According to attorney Jim Ostrowski on Monday, the lawsuit he's representing on behalf of 24 families and 43 students will continue, but now with a focus on ending the powers bestowed upon local and state officials to mandate masks in schools in the future.
"We now know that the Governor and other officials believe they have the power to mandate 'face diapers' anytime they want for any reason they want. And worse yet, to suspend those mandates when the political winds start blowing against them. So under no circumstances will we drop our suit until we get a court order barring mask mandates in the future, or the defendants settle the case with a consent order that bars them from issuing future mask mandates," said attorney Jim Ostrowski, who is front-running this case. "Our case will also not be declared moot, because our families are seeking compensation for past damages and injuries to their education and their health and well-being. Now that the mandate has been lifted, we'll have time to consider the dozens of requests we have throughout the state for families to join our lawsuit."
At the time the original lawsuit was filed back on Feb. 8, the families and students in the case were seeking a court order to lift the statewide mask mandate in schools, and also receive monetary damages.
"We sued the Governor, the County Executive [Mark Poloncarz], and 14 school districts alleging a variety of constitutional violations. The Governor and all other defendants were served with a summons and complaint in federal court by Feb. 15," Ostrowski explained in detail of the lawsuit. "In recent days, we are lining up several nationally known expert witnesses and preparing a motion for a preliminary injunction. Although we will put that motion on the backburner. I want everybody to know that even though the mask mandate has been lifted for now, our lawsuit, which seeks money damages in a permanent court order against masks, will continue."
Ostrowski also says an investigation will also be done to find out why most school districts in New York State ignored a state court order in Nassau County on Jan. 25 that briefly lifted the mask mandate in place across the state. Ostrowski said schools continued to insist that students wear masks or be placed in isolation for several hours or be sent home.
"We're asking the public to come forward with their own experiences of being hassled by school authorities and even the police that day merely for complying with the state supreme court order. We believe we have a strong case that this extraordinary measure is unconstitutional."
Gov. Kathy Hochul announced on Sunday the mask mandates in school would come to an end citing a dramatic drop in COVID-19 infections and new federal guidelines from the Centers for Disease Control and Prevention. However, it is the belief of Ostrowski that the mask mandate was never based on medical science, but it was based on political science.
"That is why, in our view, the mandates are being lifted. With one party doing poorly in the public opinion polls with a major election coming up," he said.
As for the timeline of this case going forward, Ostrowski said things will start to slow down as they get their expert witnesses lined up and put everything together to fight their case.
"Things are actually going to slow down a little bit, and we're going to consolidate our case and talk to people," Ostrowski said. "I have more people who want to join this lawsuit than you could possibly imagine. I could add thousands, but I've got to do it judiciously and carefully within the limits."
You can listen to Ostrowski's entire commentary on the lawsuit below:
