"Nearly three years into the COVID-19 pandemic, we know that wearing a mask saves lives," New York Attorney General Letitia James announced in an announcement Tuesday. "This mandate and today's decision are critical in helping to stop the spread of this virus and protect individuals young and old. We will continue to do everything in our power to prioritize the health and wellbeing of all New Yorkers."
The statement comes after State Supreme Court Judge Thomas Rademaker ruled Monday that the state Department of Health did not have the legal authority to enforce Gov. Kathy Hochul's updated mandate, which required masking in all indoor spaces unless a business had a vaccine requirement in place.
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Hochul revealed the new mandate in December after the state was hit with a surge of cases as the Omicron variant reached the U.S.
Though Rademaker announced that "enacting any laws to this end is entrusted solely to the State Legislature," making the mandate "void and unenforceable."
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Hochul immediately pledged to fight the ruling, ending in the stay as the appeal process plays out.
The stay was denounced by Assembly Republican Leader Will Barclay, who called for decisions on masking to be made at the local level.
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"The confusion and chaos surrounding Gov. Hochul's overreaching mask mandate reached an unfortunate peak today," Barclay announced in a statement Tuesday. "I have said that unilateral requirements like the one being forced onto New Yorkers by the Hochul Administration are decisions that should remain at the local level. The Appellate Division has granted a stay of the governor's order, but it's time for all of us to move on from mandates, fear, and confusion."
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Hochul declared in December that masks will be needed in all indoor public places in the state unless the businesses implement a vaccine requirement. The move came soon after the emergence of the Omicron variant.
State Supreme Court Judge Thomas Rademaker announced that the state Department of Health did not have the legal authority to implement the mandate — and should have been backed by the state Legislature.
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Former Gov. Andrew Cuomo created the mask mandate in the early stages of the outbreak, citing emergency powers. The mandate was dropped for those who were vaccinated in June 2021. Fox 5 N.Y. reported that Hochul announced her mandate would be in effect for no less than a month. Then earlier this month, the Health Department stated the mandate would be in place until February 1.
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