NY schools told to keep masks after judge overturns mandate

“While these legal steps occur, it is NYSED’s position that schools should continue to follow the mask rule,” said department spokesperson Emily DeSantis.

But in some districts, administrators immediately made masking optional for students and staff.

“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.

Ruling in a case brought by a group of parents, judge Thomas Rademaker said the governor and state health commissioner didn’t have authority to issue a mask mandate without legislative approval.

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.

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

“We’re appealing last night’s decision that struck down the mask mandate in New York. We will continue to do everything in our power to protect New Yorkers from #COVID19,” James, a Democrat, tweeted Tuesday morning.

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.

In a statement, Hochul said, “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. We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”

The ruling comes as the omicron wave that gripped New York state appears to be easing. The state averaged around 23,400 new cases of the virus per day in the seven-day period that ended Sunday, down from 74,600 per day during the wave’s peak in early January. Hospitalizations are dropping, too, declining 17% statewide in the past seven days.