State Supreme Court judge rules Gov. Kathy Hochul mask mandate unlawful
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UPDATED: Jan. 25, 2022 at 10:30 p.m.
A New York State Supreme Court judge struck down Gov. Kathy Hochul’s mask mandate on Monday night.
Judge Thomas Rademaker of Nassau County wrote that the mandate “is a law that was promulgated and enacted unlawfully by an Executive branch state agency, and therefore void and unenforceable as a matter of law,” according to the decision.
Rademaker ruled the New York State Legislature curbed the governor’s authority to issue such mandates during state disaster emergencies in March 2021.
He said in the ruling he didn’t doubt the positive intent behind the law but argued the New York State Department of Health did not have the authority to make laws. The only law currently in effect in New York state that passed the state legislature pertains to contact tracing.
The decision, which takes effect immediately, ends Hochul’s extended mask mandate, which was scheduled to last until at least Feb. 1.
“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. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
UPDATE:
Following Rademaker’s decision, Hochul, along with New York State Commissioner of Health Mary Bassett, submitted an appeal of the court’s decision. The appeal was received on Jan. 24, the same day as Rademaker’s decision.
With the appeal, New York State’s Appellate Division, Second Department granted an interim stay for Hochul’s mask mandate after New York Attorney General Letitia James filed a motion to put the judge’s ruling on hold. With this decision, the state’s mask mandate is now back in effect.
“These measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives,” Hochul said in a press release. “I commend the Attorney General for her defense of the health and safety of New Yorkers, and applaud the Appellate Division, Second Department for siding with common sense.”
This post has been updated with additional reporting.
