Judge Leaves New York Indoor Mask Mandate In Place, For Now

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Second grader Ernesto Beltran Pastrana puts on his face mask while attending class during the first day of partial in-person instruction at Garfield Elementary School in Oakland, Calif., Tuesday, March 30, 2021. Garfield Elementary School partially re-opens for students in grades kindergarten through second grade beginning Tuesday. (Jessica Christian/San Francisco Chronicle via AP)

A New York appeals judge left the state’s indoor mask mandate in place Tuesday while Gov. Kathy Hochul’s administration appeals a lower court’s decision to overturn it.

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Judge Robert Miller granted the state’s request for a stay of a Long Island judge’s ruling Monday that the governor and health officials lacked authority to require masks.

Arguing before Miller Tuesday, Judith Vale, an attorney for the state, said judge Thomas Rademaker’s ruling would “radically disrupt the status quo” and endanger the health of students and staff at schools.

“The order, if not stayed will allow individuals to refuse to wear face coverings in indoor public settings where the risk of COVID-19 spread is high, including in schools where many children remain unvaccinated against COVID-19,” the state’s court filing said.

The plaintiffs’ attorney, Chad Laveglia, vowed to take the challenge “as far as it needs to go.”

“The judge got it wrong entirely. It’s so blatantly unconstitutional to grant a stay whatsoever,” he said.


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4 Comments
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Stevenn
Stevenn
2 years ago

Great news!

Ben
Ben
2 years ago

Come to Florida guys you won’t regret it!!!! You don’t know what you missing out!!!

S w
S w
2 years ago

Keep fighting. It’s time to live our lives. We vaccinated we bolstered and we still caught omicron….

lastword
Noble Member
lastword
2 years ago

Masked robbery in broad daylight – of citizens’ dignities, freedoms, and taxpayer dollars.