A New York State Supreme Court judge on Monday ruled that Governor Kathy Hochul’s mask mandate for schools and other public locations is unconstitutional.
Judge Thomas Rademaker found that the governor and the state health commissioner did not have the authority to enact a mask mandate without the state legislature, given that the governor no longer has emergency powers.
The mask mandate has been in place since mid-December, when the state saw a surge in the highly transmissible Omicron variant.
“There can be no question that every person in this State wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished,” Rademaker wrote in his decision. “However, enacting any laws to this end is entrusted solely to the State Legislature. While the intentions of Commissioner Bassett and Governor 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.”
In a statement Monday evening, Hochul vowed to appeal the ruling.
“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. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
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