(Bloomberg) — New York is appealing a ruling by a Long Island judge that its mask mandate for schools and other public places is an illegal end run around the state constitution.
The mask-wearing rule was issued Dec. 10 by the state’s health commissioner at the urging of Governor Kathy Hochul, around the start of the omicron surge of the coronavirus pandemic. A group of parents sued to block the mandate, saying their school-age children shouldn’t be forced to wear masks.
In a ruling Monday, Nassau Supreme Court Judge Thomas Rademaker faulted Hochul and Health Commissioner Mary Bassett for overstepping their authority and said the governor should ask the state legislature to pass a law.
“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, they must take their case to the state legislature,” Rademaker wrote.
The decision, which is based on New York law, has no effect outside the state but could encourage critics of the rules to file challenges elsewhere. Courts across the country have been similarly divided over rules for vaccines.
New York filed a notice of appeal on Monday.
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“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 in a statement Monday. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
The parents who sued argued they should be permitted to make health care decisions for their children, saying the kids sometimes become lightheaded while wearing masks. The infection rate among children is low, making the mask rule unnecessary, they said.
The case is Demetriou v. New York State Department of Health, 616124/2021, New York State Supreme Court, Nassau County (Mineola).
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