New York state judge strikes down mask mandate — but the governor and health department will appeal

Gov. Kathy Hochul said she “strongly” disagreed with the ruling. The state’s attorney general filed a notice saying the governor and the state health department will appeal the judge’s decision.

“My responsibility as Governor is to protect New Yorkers throughout this public health crisis,” Hochul said in a statement, “and these measures help prevent the spread of COVID-19 and save lives.”

How the New York mask mandate went down

But as the number of new Covid-19 cases rose in December, Hochul announced a temporary mask mandate that required New Yorkers to wear a mask in all indoor public spaces unless businesses implement a vaccine requirement.

Despite criticisms from some local officials, the measure was extended two weeks past its initial end date of January 15. Violators face fines of up to $1,000 and other civil and criminal penalties.

The average number of new Covid-19 cases in New York state has steadily dropped since January 9, when a weekly average of 595,095 daily new infections were reported, according to data from Johns Hopkins University.

By January 24, that number had dropped to 166,538 average daily new cases.

In his opinion Monday, Nassau County Supreme Court Judge Thomas Rademaker said because New York was no longer under a state of emergency when the mask mandate was announced, the governor and health commissioner did not have the additional authority to order such a mandate, adding the mandate is now unenforceable.

“While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature,” Rademaker wrote.

“Should the State Legislature, representative of and voted into office by the citizens of New York, after publicly informed debate, decide to enact laws requiring face coverings in schools and other public places then the Commissioner would likely be well grounded in properly promulgated and enacted rules to supplement such laws.”

A father who fought the mask mandate is elated

Attorney Chad LaVeglia, the father of a 6-year-old and a 3-year-old, is one of the parents who challenged the state’s mask mandate.

“This is not a commentary on (how) the pandemic is being handled whatsoever — it’s how the government is handling the power it’s been given and entrusted with by the people,” LaVeglia said.

After the judge’s ruling, LaVeglia told CNN: “We’re ecstatic. Children are excited to go back to school and to see smiles for the first item in a long time.”

He said more than a dozen parents joined as petitioners in the case.

“I worked on this case pro bono,” LaVeglia said. “A bunch of us parents got together … we got together and didn’t agree with having our children be forced to wear masks at school.”

Judge says his ruling was about protocol, not about masks themselves

Rademaker’s decision was only about whether the mandate was properly enacted, he wrote.

“To be clear, this Court does not intend this decision in any way to question or otherwise opine on the efficacy, need, or requirement of masks as a means or tool in dealing with the COVID-19 virus,” the judge wrote.

“This Court decides only the issues of whether the subject rule was properly enacted and if so whether same can be enforced.”

Nassau County Executive Bruce Blakeman, who took office this month, signed an executive order allowing school boards in the densely populated Long Island county to determine if schoolchildren should be required to wear masks.