NY State Supreme Court Judge Strikes Down Governor’s Mask Mandate

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A New York State Supreme Court judge has struck down Gov. Kathy Hochul’s mask mandate for schools and public locations, News 12 The Bronx reports.
According to a court document, Judge Thomas Rademaker said that neither the governor nor the state health commissioner had the authority to enact the mandate without the state Legislature, since the governor no longer has emergency powers.
The document says in part, “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. 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.”

From NYSED tonight:

“The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep’t of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al.
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.”

3 COMMENTS

  1. Therefore, schools must continue to follow the mask rule.”

    Wicked evil abusers. What can I say? They should all drop dead at the NYSED.

  2. Why should anyone listen to this UNELECTED Governor? We the people, have the right to elect who we want to represent us. Hochul was never elected to anything. I know what I’m talking about. It takes one to know one.

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