Gov’s mask mandate unlawful, judge rules
A Long Island judge ruled against Gov. Hochul’s mask mandate on Monday in a move that could lead to the lifting of similar orders in the state’s schools.
Nassau County Supreme Court Justice Thomas Rademaker threw out a Nov. 24 rule issued by state Health Commissioner Dr. Mary Bassett that led Hochul to order businesses without mandatory vaccination policies to require that all workers, customers and guests wear masks to prevent the spread of COVID-19.
In his six-page decision, Rademaker said the rule amounted to “a law that was promulgated and enacted unlawfully by an executive-branch state agency, and therefore void and unenforceable as a matter of law.”
As a result, the judge said, the mask mandate that Hochul announced on Dec. 10 “must fail as violative of the State Administrative Procedure Act.”
“While the intentions of Commissioner Bassett and Gov. 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,” he wrote.
The ruling noted that the Legislature had “curbed” the executive branch’s power to issue emergency orders when it voted last year to strip then-Gov. Andrew Cuomo of such authority as he faced mounting sexual-harassment claims.
The case was brought by Michael Demetriou and 13 other parents who objected to a provision in Bassett’s rule that allowed her to order masking in “certain settings,” including schools.
The Dec. 28 lawsuit was filed “on behalf of all minor schoolchildren and persons similarly situated.”
The state Department of Health in August ordered all students, faculty and staff in public and private schools to wear masks, but it was unclear whether Rademaker’s ruling would affect New York City, which imposed its own mask requirement on public schools.
The plaintiffs’ lawyer, Chad LaVeglia, said Bassett had “circumvented the entire democratic process” and “enhanced her own power to make law, and they just can’t do that.”
“It’s not about the pandemic, it’s about the law,” he said.
Nassau County Executive Bruce Blakeman, an outspoken opponent of Hochul’s mask mandate, called Rademaker’s decision “a tremendous victory for the people of New York state, especially the school kids.”
“So many parents came to me and said that they didn’t feel it was healthy for their children to be forced to wear masks and they wanted to have that choice and I agree,” he said.
In a statement, Hochul said the state would appeal.
“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.
“We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”