Judge temporarily restores state’s mask mandate

An appeals judge temporarily restored New York’s mask mandate Tuesday, a day after a judge in a lower court ruled that Gov. Kathy Hochul’s administration lacked the constitutional authority to order people to wear face coverings.

Judge Robert Miller in New York City granted the state’s request for a stay of a Long Island judge’s ruling while the governor’s administration pursues an appeal.

Arguing before Miller on Tuesday, Judith Vale, an attorney for the state, said judge Thomas Rademaker’s earlier ruling would “radically disrupt the status quo” and endanger the health of students and staff at schools.

“The order, if not stayed will allow individuals to refuse to wear face coverings in indoor public settings where the risk of COVID-19 spread is high, including in schools where many children remain unvaccinated against COVID-19,” the state’s court filing said.

Attorney Chad Laveglia, who brought the challenge on behalf of a group of parents, vowed to take the challenge “as far as it needs to go.”

“The judge got it wrong entirely. It’s so blatantly unconstitutional to grant a stay whatsoever,” he said.

Monday’s ruling overturning the mask mandate caused a day of confusion for school districts and parents, with some administrators quickly announcing masks would be optional and others continuing to enforce them.

“While it is certain this decision will face legal challenges, until otherwise litigated, mask wearing will be optional for students and staff in the Massapequa Schools beginning Tuesday,” the Massapequa School District, in the New York City suburbs of Long Island, said on its website.

The state had initially instituted a mandate in April 2020 that required people to wear masks in most indoor settings outside their home. That rule ended in June 2021 for vaccinated people. Hochul announced in mid-December, as COVID-19 infections surged in the state, that it would go back into effect for at least a month.

Earlier this month, the state health department said the mandate would be in place until Feb. 1.