New York State Supreme Court Judge Strikes Down Mask Mandate

In a ruling handed down on Monday, January 24, the New York State Supreme Court in Nassau County struck down Governor Hochul’s mask mandate, declaring that the State Commissioner of Health Mary Bassett exceeded her authority when she declared an emergency and then instituted a “rule” to require masks in public venues.

In a six page decision, Judge Thomas Rademaker  wrote that state agencies cannot enact laws, and are only allowed to enforce rules to enforce laws enacted by the State Legislature. The judge clarified that the mandate enacted by the Commissioner of Health is not based on any existing law, and is therefore classified as a law and the agency was not authorized to enact such a measure. The governor as well did not have the power, and only the state legislature could pass such a law, which it had not done.

The mandate “is a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable,” the judge said.

“There can be no question that every person in this State wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished. However, enacting any laws to this end is entrusted solely to the State Legislature,” Judge Rademaker wrote. “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 State, they must take their case to the State Legislature.”

Nassau County executive Bruce Blakeman, an staunch opponent of Governor Hochul’s mask mandate, said, “The Governor and State Education Department have NO authority to enforce this mandate without the approval of State lawmakers. This is a major win for students & parents.”

Governor Hochul said in a statement, “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. We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”