Judge blocks New York mask mandate

(The Center Square) – The state of New York’s mask mandate is unconstitutional, a judge ruled Monday.

Nassau County Supreme Court Judge Thomas Rademaker said in his decision that, without an emergency declaration, only the state legislature can adopt such a mask mandate and that the current mandate issued by Gov. Kathy Hochul and the state health commissioner was unenforceable.

“While the intentions of Commissioner [Mary] Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is the right to protect the citizens of New York State, they must take their case to the State Legislature,” Rademaker wrote.

Despite the decision, the state Education Department said it will still be enforced in schools.

“It is SED’s understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling,” the department said in a statement.

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