Judge stays ruling that deemed Hochul’s mask mandate unconstitutional

ROCHESTER, N.Y. (WHEC) — An Appellate Court Judge has stayed a Nassau County Judge’s ruling that Gov. Kathy Hochul’s mask mandate is unconstitutional.

Judge Thomas Rademaker’s decision Monday ruled that the governor does not have the authority to impose the mandate and that the state legislature would have to debate and approve laws requiring masks in schools and other places.

New York State filed an appeal Tuesday morning.

The stay is in effect until the next hearing on the case.

Breaking: the court ruling from Long Island which said the state mask mandate was illegal is now temporarily paused. That means the mandate stands for now and masks in schools remain. Here’s Gov. Hochul two hours ago. @news10nbc pic.twitter.com/VcgFyNAMT8

— Berkeley Brean (@whec_bbrean) January 25, 2022

That means Gov. Hochul’s indoor mask mandate for public places can be enforced, at least until Friday.

Many area schools districts cited New York State Department of Education guidance to continue masking in schools Monday night, telling parents that students were still required to wear masks in school because the state decided to appeal Rademaker’s ruling.

Hohcul sent the following statement on the Appellate Court’s decision:

"As Governor, my top priority is protecting the people of this state. These measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives. I commend the Attorney General for her defense of the health and safety of New Yorkers, and applaud the Appellate Division, Second Department for siding with common sense and granting an interim stay to keep the state’s important masking regulations in place. We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail."

The decision is below (mobile users, click here):

2022 00532 Michael Demetriou Et Al v Michael Demetriou Et Al ORDER to SHOW CAUSE 3 by News10NBC on Scribd