On Monday, the Supreme Court Judge in Nassau County, New York ruled that Governor Kathy Hochul’s new mandate for a mask is illegal. He stated that neither she nor the state commissioner of health have the authority to enforce such mandates.
Via National Review
Since mid-December when Omicron was highly transmissible, the mask mandate has been in effect.
“There can be no question that every person in this State wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished,” Rademaker wrote in his decision. “However, enacting any laws to this end is entrusted solely to the State Legislature. 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.”
Bruce Blakeman who was at forefront of the battle, celebrated the ruling.
BREAKING: A NYS Supreme Court Judge has ruled that the Governor’s mask mandate is illegal. This mandate cannot be enforced by the Governor or State Education Department without State legislative approval. This is a major win for students & parents.
— Bruce Blakeman (@NassauExec) January 24, 2022
Hochul, in a fiery statement, vowed to appeal the ruling, saying “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,” she went on to say.
New York’s mask law was applicable to schools, but it was viewed as controversial by some politicians such as Congressman Lee Zeldin.
🚨NOW: The NY Supreme Court has STRUCK DOWN Hochul Admin’s statewide mandate for a mask. I am honored to have stood up for small business owners, parents and elected officials like @NassauExec & many more for common sense, freedom & science. New Yorkers have the right to know better, regardless of Gov. Hochul’s arrogance. pic.twitter.com/GJpgORXMvm
— Lee Zeldin (@leezeldin) January 24, 2022
Dec. saw the mandate become effective and was applicable to all state schools. The state’s court of appeals will be the next battleground for this legal fight.