Judge strikes down New York’s mask mandate as illegal

Court rules that Gov. Hochul could not impose the mandate without approval from the legislature.

Published: January 24, 2022 11:05pm

Updated: January 25, 2022 12:10pm

A state judge on Monday struck down New York’s mask mandate, ruling Gov. Kathy Hochul’s administration did not have the authority to enact such a mandate without approval from the Legislature.   

Nassau County Supreme Court Justice Thomas Rademaker concluded the rule amounted to “a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable.”

Rademaker ruled the mandate Hochul announced Dec. 10 “must fail as violative of the State Administrative Procedure Act.”

The ruling overturns the statewide mandate for masks in schools and public places but does not reverse local mandates.

New York City Hall officials said court decision had no immediate impact on city schools since the NYC education department had its own masking policies in place before the state's mandate, according to the New York Times.

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