New York Governor Kathy Hochul’s mask mandate is back in effect after an appellate judge granted an emergency stay Tuesday evening.
A New York State Supreme Court judge on Monday evening ruled Governor Kathy Hochul’s mask mandate “unconstitutional” and declared it null and void.
The judge, who is out of Nassau County, said Hochul had no authority to enact the mask mandate without the state legislature because she no longer has emergency powers.
Hochul immediately filed an appeal and a New York Appellate Judge granted an emergency stay pending appeal.
WABC reported:
A New York Appellate Judge granted a stay in the state’s lawsuit over the COVID-19 face mask mandate, meaning it remains in place while case is appealed — and schools must enforce it.
Following the hearing where the stay was granted, Judge Robert Miller reserved judgement and said a formal ruling would be forthcoming.
The appellate court hearing on the appeal of the judge’s ruling has been scheduled for 10 a.m. Friday in Downtown Brooklyn.
Assistant Deputy Solicitor General Judy Vale asked for the interim stay, arguing it was within the state health department’s “statutory authority” to prevent spread of disease.
Judge Miller asked Vale if the state health department has the right, for example, to mandate hand washing in bathrooms. Vale said if it were a public health emergency that required washing hands, then it would.
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