Judge temporarily restores 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.

Monday’s ruling overturning the mask mandate caused a day of confusion for school districts and parents.