A State Supreme Court Judge has ruled that Governor Kathy Hochul’s mask mandate is unconstitutional, because it was imposed by executive order, not by the New York State Legislature.
Judge Thomas Rademaker’s decision found that the State Health Department did not have authority to order the mask mandate for indoor spaces and schools. The mandate, proclaimed last month by Governor Hochul, was set to expire in February unless extended. Former Governor Andrew Cuomo, who ordered coronavirus-related mandates by Executive Order, had been given special powers by the legislature. Those powers have since been rescinded. Judge Rademaker ruled that to allow the mandate to stand would be to allow the health department to make laws, which only the legislature can do.
The ruling was hailed by State Senate Republican Leader Rob Ortt, but Governor Hochul issued a statement saying:
“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 State Education Department says school districts must continue to follow the mask rule while the state appeals the judge’s ruling.