New York fights back after mask mandate shot down by judge

Bloomberg

New York is appealing a ruling by a Long Island judge that its mask mandate for schools and other public places is an illegal end run around the state constitution.
The mask-wearing rule was issued December 10 by the state’s health commissioner at the urging of Governor Kathy Hochul, around the start of the omicron surge of the coronavirus pandemic. A group of parents sued to block the mandate, saying their school-age children shouldn’t be forced to wear masks.
Judge Thomas Rademaker ruled that Hochul and Health Commissioner Mary Bassett overstepped their authority, saying the governor should instead seek the passage of a law.
“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, they must take their case to the state legislature,” Rademaker wrote.
New York filed a notice of appeal. On Tuesday New York State Supreme Court Justice Robert J. Miller temporarily halted Rademaker’s order until a Friday hearing in which the two sides will argue over a longer stay while the court considers the appeal.
“My responsibility as Governor is to protect New Yorkers throughout this public health crisis, and these measures help prevent the spread of Covid-19 and save lives,” Hochul said in a statement Monday. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
The Centers for Disease Control and Prevention recommends universal indoor masking for all children ages 2 and up when they are in school. Additionally, the agency’s guidelines on masking back their use by staff and visitors, regardless of vaccination status. Since the spread of the omicron variant in the US, the agency has also begun to recommend that well-fitting, medical-grade masks are best at curbing the spread of the virus.
The parents who sued argued they should be permitted to make health care decisions for their children, saying the kids sometimes become lightheaded while wearing masks. The infection rate among children is low, making the mask rule unnecessary, they said.
Health regulations in the US are generally handled at the state and local level, resulting in a patchwork of widely differing rules throughout the country.
In New York, Hochul and former governor Andrew Cuomo, both Democrats, have favored mask and vaccine mandates, prompting legal challenges from New Yorkers who want to decide the issues for themselves. Some states led by Republicans, such as Florida and Virginia, have blocked localities from instituting mask requirements, spurring litigation from mask supporters.