Following a hearing on Tuesday afternoon, a judge ruled in favor of keeping New York's mask mandate in place for now, but it could still get thrown out again. Here's what schools and businesses should know.
A pedestrian walks past a store with a notice of wearing mask on its door in New York, January 4th, 2022.A pedestrian walks past a store with a notice of wearing mask on its door in New York, January 4th, 2022.A legal seesaw threw Gov. Kathy Hochul's mask mandate into question this week, creating chaos at schools and businesses, as counties decided whether or not to keep abiding by the rule.
WNYC/Gothamist reached out to state and local authorities and groups representing different sectors to gain some clarity on the situation.on December 10th, saying it was a response to rising COVID-19 cases in New York. She said that all businesses and venues that didn’t have a vaccine requirement in place must mandate staff and patrons to wear masks. She added that state masking requirements remained in effect for schools, public transit and other settings.
During a hearing Tuesday afternoon at a State Appellate Court to determine whether the mandate will remain in place while it’s being contested, a lawyer for the state argued that the health department regularly issues rules to promote public health and that voiding the mandate would cause irreparable harm. But Hills said he didn’t think Bassett had the authority to require masking in private businesses.
“Typically, these decisions about temporary restraining orders or stays require both a look at how harmful it would be if the judge got it wrong — and also how wrong the judge was because the law in fact was on the state's side,” he said, adding that Judge Rademaker’s legal rationale seems to be strong. “As for the harm that will be done if he got it wrong, obviously, that could be significant.
“I'm encouraging parents and students to continue doing what they're doing because the last thing I want to see is a different trend because people gave up on masks," she said.Key to NYC executive order
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