New York Supreme Court strikes down governor's mask mandate for schools and public areas

[Yo_Mama_Been_Loggin]

Last edited Tue Jan 25, 2022, 01:49 PM - Edit history (1)

A New York state Supreme Court judge on Monday struck down Democratic Gov. Kathy Hochul's mask mandate for schools and other public spaces.

Driving the news: Enacting any laws to end COVID "is entrusted solely to the State Legislature," Judge Thomas Rademaker wrote in the opinion.

"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 place places then the Commissioner would likely be well grounded in properly promulgated and enacted rules to supplement such laws."

What they're 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," Hochul said in a statement.

https://www.yahoo.com/news/york-supreme-court-strikes-down-010754131.html

On edit: NY schools told to keep masks after judge overturns mandate

New York state education officials told school administrators to continue enforcing the state's mask mandate for students and teachers Tuesday despite a judge's ruling overturning it, causing confusion as some districts rushed to make masks optional.

The Education Department said the state had filed notice that it would appeal Monday's ruling by a judge on Long Island, a step that could keep the rule in place at least until its planned expiration Feb. 1.

“While these legal steps occur, it is NYSED’s position that schools should continue to follow the mask rule,” said department spokesperson Emily DeSantis.

But in some districts, administrators immediately made masking optional for students and staff.

https://www.msn.com/en-us/news/us/ny-schools-told-to-keep-masks-after-judge-overturns-mandate/ar-AAT7QPC

[spooky3]

1. Send this to Youngkin in VA.

I realize that state laws differ, but the court is saying the authority rests with the legislature, which may be broadly true. The VA constitution and a statute may apply in this case.

[PoliticAverse]

2. Please note in New York, a "Supreme Court" is a lower court. The hishest court....

is the "Court of Appeals".

[Danmel]

3. With the Appellate Division in between

It will be appealed and stayed in the interim.

[TreasonousBastard]

4. Read about this when it happened yesterday. Hochul and her...

people were on the ball and immediately set up an appeal.

Can't help but think the antimaskers did some judge shopping, but that's a little tougher as they go up the appeals tree.

I'm liking Hochul better every day.

[Rhiannon12866]

5. We have had a mask mandate in schools for the past 2 years, the kids are used to it.

Masks are also required on school buses, but they rescinded the mandate for outdoor activities. And the mask mandate to enter any business was reinstated last month - it had been in effect for over a year when they suspended it in July just in time for "tourist season." If you check out any area of New York, Covid cases are way up. I'm pretty far Upstate and the ICU at the local hospital is at 91%.

The local paper reports the latest Covid news for the county on the front page of the paper daily, number of current cases, recoveries and deaths. For the deceased, they only list county of residence, whether they were hospitalized, age and vaccination status. Other than most are residents of the county, the one other characteristic most have in common is vaccination status.