Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

New York judge strikes down state COVID mask mandate

New York judge strikes down state COVID mask mandate

The mandate had been issued by governor after Kathy Hochul declared state of emergency amid Omicron spread.

A New York state judge has struck down a mandate that required the wearing of masks in public places as a COVID-19 precaution, ruling the governor overstepped her authority in imposing the restriction.

In the ruling on Monday, Judge Thomas Rademaker of New York State Supreme Court on Long Island found that the state legislature last year curbed any governor’s ability to issue decrees, such as a mask mandate, amid a declared state of emergency.

The mandate “is a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable,” the judge said.

It was the latest setback in court for officials at state and federal levels as they have sought to impose strict coronavirus measures in hopes of stemming the virus, which has seen a resurgence in the country amid the spread of the Omicron variant.

The debate about officials’ ability to mandate certain restrictions has often fallen along partisan lines, with Democrats usually supporting masking and vaccine requirements, and Republicans opposing them, citing them as a limit to personal liberty.


The New York Edcuation Department said on Tuesday the state had filed notice that it would appeal the ruling – a step that could keep the rule in place at least until its planned expiration on February 1.

In the meantime, New York state education officials told school administrators to continue enforcing the state’s mask mandate for students and teachers despite the judge’s ruling overturning it.

The move caused confusion on Tuesday as some districts rushed to make masks optional.

Attorney General Letitia James said on Twitter that her office would challenge the ruling.

Governor Kathy Hochul, a Democrat, pledged to fight back, saying in a statement: “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”

“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.

Earlier this month, the US Supreme Court blocked President Joe Biden’s vaccination-or-testing mandate for large businesses.

Meanwhile, a judge in Texas last week ruled that Biden could not require federal employees to be vaccinated.

The challenged restrictions in New York state, home to about 20 million people, included wearing masks in schools, on public transit and other public indoor spaces.


Hochul had declared a state of emergency almost immediately after the World Health Organization named Omicron as a variant of concern on November 26.

When Hochul imposed the rule on December 31, she called it temporary. She later extended the original expiration date of January 15 until February 1.

The New York Attorney General’s office and the New York Department of Health both said they planned to appeal the decision.

Meanwhile, US Representative Elise Stefanik, a Republican who represents a district in New York, called the ruling “a win for small businesses, parents, students, and the freedom of all New Yorkers”.

“I am proud the New York Supreme Court overturned this unprecedented overreach of power and will continue to stand up for the freedom of New Yorkers,” she said in a statement.

Rademaker wrote that his ruling is not intended in any way to question or otherwise opine on the efficacy, need, or requirement of masks as a means or tool in dealing with the COVID-19 virus, but that “enacting any laws to this end is entrusted solely to the State Legislature.”

Hochul’s Democrats hold large majorities in both houses of the New York state legislature.

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Bruce Willis Relocated Due to Advanced Dementia
French and Korean Nuclear Majors Clash As EU Launches Foreign Subsidy Probe
EU Stands Firm on Digital Rules as Trump Warns of Retaliation
Getting Ready for the 3rd Time in Its History, Germany Approves Voluntary Military Service for Teenagers
Denmark Confronts U.S. Diplomat Over Covert Trump-Linked Influence in Greenland
Trump Demands RICO Charges Against George Soros and Son for Funding Violent Protests
Taylor Swift Announces Engagement to NFL Star Travis Kelce
France May Need IMF Bailout, Warns Finance Minister
After the Shock of Defeat, Iranians Yearn for Change
Ukraine Finally Allows Young Men Aged Eighteen to Twenty-Two to Leave the Country
The Porn Remains, Privacy Disappears: How Britain Broke the Internet in Ten Days
YouTube Altered Content by Artificial Intelligence – Without Permission
Ukrainian Refugee Iryna Zarutska Fled War To US, Stabbed To Death
Elon Musk Sues Apple and OpenAI Over Alleged App Store Monopoly
German Chancellor Friedrich Merz: “The Current Welfare State Can No Longer Be Financed”
HSBC Switzerland Ends Relationships with Over 1,000 Clients from Saudi Arabia, Lebanon, Qatar, and Egypt
Sharia Law Made Legally Binding in Austria Despite Warnings Over 'Incompatible' Values
Dutch Foreign Minister Resigns Amid Deadlock Over Israel Sanctions
Trump and Allies Send Messages of Support to Ukraine on Independence Day Amid Ongoing Conflict
China Reels as Telegram Chat Group Shares Hidden-Camera Footage of Women and Children
MotoGP Cameraman Narrowly Avoids Pedro Acosta Crash at Hungarian Grand Prix
Wizz Air passengers screamed as storm-battered flight diverts to Bologna
European postal services halt U.S. deliveries after Trump imposes new tariffs
Urban explorer finds abandoned luxury restaurant left to decay
Fidesz leader labels Péter Magyar a ‘bluffer’ amid escalating political spat
French rope park operator arrested for denying entry to Israeli children
Újpest thrashes Zalaegerszeg 4-1 to secure first win in five matches
Profit-margin cap costs retailers 13 billion forints a month, warns trade group
Curiosity rover finds coral-like rock on Mars hinting at watery past
U.S. green policy rollback drives investors to Europe’s sustainable finance market
Special funerals rise in Hungary: boat, aerial and forest burials gain popularity
Hungary’s Kiskunság region turning into semi-desert after extreme drought
Kopasz Bálint wins world kayak 1000 m title in Milan, making him triple world champion
Budapest’s Keleti railway station to close for four weeks for track overhaul
Balaton could be unfit for swimming by 2035 and dry by 2050, scientists warn
Leaked guidelines show Meta’s AI allowed flirty and racist interactions with children
Filming of ‘Emily in Paris’ halted after assistant director dies on set
Filipino guest workers sue after Hungary moves to deport them for pregnancy
Ukraine Declares De Facto War on Hungary and Slovakia with Terror Drone Strikes on Their Gas Lifeline
A monster hit and a billion-dollar toy empire
Animated K-pop Musical ‘KPop Demon Hunters’ Becomes Netflix’s Most-Watched Original Animated Film
Canada: Nurse Suspended and Fined 93 Thousand Dollars After Stating the World’s Most Well-Known Fact Since the Creation of Adam and Eve, That There Are Only Two Genders
Elon Musk tweeted, “Europe is dying”
Far-Right Activist Convicted of Incitement Changes Gender and Demands: "Send Me to a Women’s Prison" | The Storm in Germany
Hungary Criticizes Ukraine: "Violating Our Sovereignty"
Will this be the first country to return to negative interest rates?
U.S. Treasury Secretary Whitney Bessent Backs Stablecoins to Boost Treasury Demand
Spain to Declare Disaster Zones After Massive Wildfires
Three-Minute Battery Swap Touted as Future of EVs
Beijing Military Parade to Showcase Weapons Advances
×