Judge Rules New York Gov. Hochul’s Mask Mandate Unconstitutional

A New York State Supreme Court judge declared Gov. Kathy Hochul’s mask mandate unconstitutional Monday evening.

Judge Thomas Rademaker said that Hochul’s mask mandate “was promulgated without any substantive justification for the emergency adoption as required by the State Administrative Procedure Act.”

He wrote:

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.

Hochul enacted New York’s mask mandate in December amid the spread of the omicron variant of the coronavirus. The mandate extends to schools, restaurants, and other public locations. It is set to expire on February 1.

Various government officials and agencies were disappointed with the judge’s ruling. Gov. Hochul said that she would pursue every option available to reverse judge Rademaker’s order. The New York State Education Department also released a statement criticizing the judge’s decision.

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. Therefore, schools must continue to follow the mask rule.

New York’s Erie County signaled that they would not follow the ruling from judge Rademaker, who is based in Nassau County. “Today’s Nassau county court ruling regarding the state’s mask mandate does not affect Erie County’s mask requirement, which is based in different state law,” said a spokesperson for Erie County Executive Mark Poloncarz. “Erie County’s mask requirement remains in effect.”

However, Rep. Elise Stefanik (R-NY), a vocal opponent of government mask mandates, praised the judge’s ruling, calling it a “win for small businesses, parents, students, and the freedom of all New Yorkers.”

Stefanik said, “From the beginning, I have been fighting against these unconstitutional mandates that are rooted in politics and not science. Governor Hochul’s authoritarian mandates were crushing New York small businesses that already have faced unprecedented challenges throughout the COVID-19 pandemic. By forcing masks on the children in our schools, these mandates have impeded the development of our next generation. I am proud the New York Supreme Court overturned this unprecedented overreach of power and will continue to stand up for the freedom of New Yorkers.”