A state supreme court judge struck down New York state‘s mask mandate Monday, ruling that the governor and NY State Department of Health did not have the authority to enact such a mandate without approval from the State Legislature.
In an opinion released Monday, Nassau County Supreme Court Judge Thomas Rademaker argued that because New York was no longer under a state of emergency at the time 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.
In March 2021, New York’s state legislature passed a bill limiting the governor’s ability to issue emergency orders.
In December, amid rising Covid-19 cases, New York Gov. Kathy 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. State health commissioner Dr. Mary Bassett issued a determination solidifying the requirement.
Despite criticisms of the move from some local officials, the measure was extended another two weeks past the initial end date of January 15. Anyone who violated the mask mandate faced fines of up to $1,000 and was subject to all civil and criminal penalties.
While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is the right to protect the citizens of New York State, they must take their case to the State Legislature.
Source: CNN
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