NEW YORK – A day after a Nassau County Supreme Court Judge overturned the State’s mask mandate, an Appellate Court Judge granted a stay in the State’s lawsuit on Tuesday. The mask mandate, therefore, remains in place while the case is appealed, including masks in schools.
On Monday, Supreme Court Judge Rademaker ruled against the State’s mandate that requires masks to be worn in all indoor public places unless the business or venue checked the vaccination status of every patron. The judge ruled that the State Health Department did not have the authority to issue the mandate, indicating that the state legislature is the only body with authority to issue a mandate.
Masks are also required, under the State’s order, to be worn by everyone in schools throughout New York.
Upon hearing Monday’s decision, Governor Hochul vowed legal action and issued a statement. “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.”
As indicated, the State appealed the Nassau County decision on Tuesday, and the stay was issued, keeping the mandate in effect. After the stay was issued, Hochul said “These measures (masks) are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives. She also thanked Attorney General Letitia James and the Appellate Court.
The hearing is set for Friday at the State Appellate Court, Second Department, in Brooklyn.
