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New York Supreme Court Revokes NY Governor’s Mask Mandates, Says State House Needs To Debate

The New York State Supreme Court on Monday struck down the Hochul Administration’s statewide mask mandate as unconstitutional and a violation of state law.

Judge Thomas Rademaker of Nassau County wrote in his decision Monday the Governor does not have the authority to impose the mandate and the state legislature would have to debate and approve laws requiring masks in schools and other places.

Judge Thomas Rademaker said that neither the governor nor the state health commissioner had the authority to enact the mandate without the state Legislature since the governor no longer has emergency powers.
The document says in part, “There can be no question that every person in this State wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished. However, enacting any laws to this end is entrusted solely to the State Legislature. While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature”

Finger Lakes Daily News reported:

Last month, Governor Kathy Hochul enacted the mandate amid an increase in COVID-19 cases due to the omicron variant.

Monday night, Governor Hochul released the following statement regarding the ruling:

“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.”

Congressman Lee Zeldin (R, NY-1), who has been named the presumptive nominee for Governor of New York by both the New York Republican and Conservative Parties, issued this statement:

“We did it! A New York State Supreme Court Judge just ruled the Hochul Administration’s statewide mask mandate as unconstitutional and a violation of New York State law. Honored to have fought side by side with small business owners, parents, elected officials like Nassau County Executive Bruce Blakeman and so many others in fighting for common sense, freedom, and the full science as opposed to just partial science.

“Just yesterday, I heard a taxpayer-funded Public Service Announcement featuring a medical expert telling the public that the CDC no longer recommends the use of cloth masks. However, Governor Kathy Hochul has continued to force New York children as young as 2-years-old to be masked up all day long two years into a pandemic that has harmed kids physically, developmentally, mentally and emotionally. Enough, and it’s not just in our schools. The overreach of this statewide mask mandate that relies on partial science rather than all of it has been very widely and adversely felt throughout New York.

“While Hochul refers to New Yorkers as her ‘apostles’ and compares having to wear a mask all day long to wearing sneakers, the fact is that New Yorkers know best, despite the Governor’s ‘Hochul knows best’ arrogance.”

 

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