A New York appeals judge on Tuesday temporarily reinstated a state indoor facemask order a day after a lower court had ruled that Gov. Kathy Hochul’s administration lacked the constitutional authority to issue such mandates.
Judge Robert Miller granted the state’s request to stay a Long Island judge’s ruling issued Monday as the state government went through the appeals process.
In her argument before Miller on Tuesday, Judith Vale, an attorney for the state, noted that Judge Thomas Rademaker’s initial ruling would “radically alter the status quo” and jeopardize the health of students and school staff.
“If the order is not upheld, it will allow individuals to refuse to wear masks in enclosed public spaces where the risk of spreading COVID-19 is high, including in schools where many children remain unvaccinated against COVID-19,” a state court filing states.
For his part, attorney Chad Laveglia, who filed the challenge on behalf of a group of parents, vowed to continue the process “as far as it has to go.”
“The judge got it completely wrong. It is blatantly unconstitutional to grant a stay of any kind,” he said.
Meanwhile, New York education officials on Tuesday instructed school officials to continue implementing the facemask order for students and teachers, despite the judge’s ruling to overturn the mandate. That has led to confusion, and some districts rushed to make the use of the protections optional.
Hochul said in a statement that “my responsibility as governor is to protect New Yorkers during this public health crisis, and these measures help prevent the spread of COVID-19 and save lives.”
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