‘Unconstitutional:’ Do You Still Need To Wear Masks in New York
Confusion. A judge ruled New York's mask mandate is illegal. But many may still need to wear them.
On Monday, a state Supreme Court judge in Nassau County ruled New York's mask mandate is unconstitutional.
"A judge declared that Gov. Hochul's student mask mandate is UNCONSTITUTIONAL, deeming mandates invalid statewide," Nassau County Executive Bruce Blakeman stated.
New York State Supreme Court Justice Thomas Rademaker's ruling also means Gov. Hochul's mask mandate for students is illegal.
A state Supreme Court judge in Nassau County ruled New York's mask mandate is unconstitutional.
"The Governor and State Education Department have NO authority to enforce this mandate without the approval of State lawmakers. This is a major win for (the) constitutional rights of parents," Blakeman added.
New York State Supreme Court Justice Thomas Rademaker's ruling also means Gov. Hochul's ask mandate for students is illegal.
Judge Rademaker ruled Monday that Gov. Hochul and New York's Health Commissioner don't have the authority to impose a mask mandate without approval from the State Legislature.
Gov. Hochul says she is looking into every option to reverse the judge's decision.
"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," Hochul stated after the ruling.
Judge Rademaker ruled Monday Gov. Hochul and New York's Health Commissioner don't have the authority to impose a mask mandate without approval from the State Legislature.
Despite the ruling, some students in New York must continue to wear a mask in school. The New York State Department of Education announced Monday masks must be worn in school until the case is resolved.
"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," the New York State Department of Education stated.
Despite the ruling, some students in New York must continue to wear a mask in school.
However, a number of schools on Long Island announced they will make mask-wearing optional in schools.
Gov. Hochul says she is looking into every option to reverse the judge's decision.
In August, Gov. Hochul announced students and staff must continue wearing masks in school. In December, she announced an indoor mask mandate for businesses. The indoor mask mandate for New York businesses was set to end on Feb. 1.
According to the Nassau County Executive, New Yorkers can continue to wear a mask if they want.
"If you want to wear a mask, we support you. If you don’t, it’s your constitutional right," Blakeman said.
Businesses can also enforce their own mask mandate.
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