New York Mask Mandate Ruled Unlawful By State Judge
State Supreme Court Justice Thomas Rademaker says that New York's state requirement for masks can't be enforced. Gov. Kathy Hochul, a Democrat, says her administration will appeal.
The Wall Street Journal:
New York Mask Mandate Struck Down By Judge
A Long Island judge struck down New York state’s indoor mask mandate Monday, saying health officials needed approval from the legislature for a December rule requiring face coverings in schools, transit hubs and other indoor settings. State Supreme Court Justice Thomas Rademaker ruled in Nassau County that Health Commissioner Mary Bassett didn’t have the authority to issue an emergency regulation last year requiring masks in indoor settings. Dr. Bassett’s masking rules were issued after Gov. Kathy Hochul declared a state of emergency amid rising Covid-19 infections on Nov. 26. (Vielkind, 1/24)
AP:
State Judge Overturns NY Mask Mandate
The mandate “is a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable,” the judge said. The state had initially instituted a mask mandate in April 2020 that ended in June 2021 for vaccinated individuals; Hochul announced in mid-December that it would go back into effect for at least a month. Earlier this month, the state health department said the mandate would be in place until Feb 1. (1/25)
The Washington Post:
New York Seeks To Save Mask Mandate, Appeal State Supreme Court Justice’s Ruling
The State Supreme Court is not New York’s top judicial body and Justice Thomas Rademaker's ruling can be appealed. Gov. Hochul said in a statement that she disagreed with the decision and that her office would pursue “every option” to reverse it. “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,” she said. (1/25)
In other mask mandate news from Nebraska, Virginia and Florida —
AP:
Youngkin Faces New Lawsuit As Virginia Mask Order Kicks In
Republican Virginia Gov. Glenn Youngkin was facing a new legal challenge over his executive action that aimed to let parents opt out of school mask mandates as his order took effect Monday but was ignored by some districts. Youngkin issued the order as one of his first acts after being sworn in as governor Jan. 15, and confusion has swirled over the implications since then. Some districts have interpreted the order as being at odds with a state law that deals with COVID-19 mitigation in schools and have opted to keep pre-existing mask mandates in place for students. (Rankin and Barakat, 1/24)
AP:
Judge Hears Arguments In Case Challenging Omaha Mask Mandate
A Nebraska judge could decide as early as Monday afternoon whether to overturn a new Omaha mask mandate that’s opposed by state officials. Douglas County District Court Judge Shelly Stratman said in a court hearing that she will rule on the matter by the end of the day or noon Tuesday at the latest. (1/24)
The Palm Beach Post:
Five Teachers Booted From Jupiter School For Refusing To Wear Masks
Five teachers were sent home from Limestone Creek Elementary last week for refusing to wear masks on campus, a school district spokeswoman confirmed. The teachers were instructed to leave campus Thursday for violating the Palm Beach County School District’s mask policy, which requires all employees and visitors to wear facial coverings while indoors on campus. State law prohibits mask requirements for students. (Marra, 1/24)
