A state judge in Nassau County overturned the state’s indoor mask rule Monday, saying the requirement is unconstitutional.
Gov. Kathy Hochul immediately responded that the state would appeal the ruling and later in the evening, the State Education Department said schools must enforce the Covid-19 requirement while the health department appeals the ruling. However, some districts seemed ready to follow the court ruling; South Huntington school superintendent Dr. Vito D’Elia said he had notified parents that masks would be optional as of Tuesday because of the judge’s decision.
The mandate was supposed to expire Feb.1. State Supreme Court Justice Thomas Rademacher ruled that the governor lacked the authority to impose the mandate and should get State Legislature approval to do so.
“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.