The New York Supreme Court overturned Governor Kathy Hochul’s mask mandate in a ruling issued on Monday, striking down requirements of forcible masking in public schools and public places.
Judge Thomas Rademaker ruled that the Governor had exceeded her authority in implementing the mandate by executive order, clarifying that implementing such a law would require the consent of the state legislature.
A court document from Rademaker outlined the legal flaws of the mandate.
“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. 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.”
Science indicates that masks are nearly entirely useless at deterring the spread of the coronavirus disease, with some studies strongly suggesting that the permanent masking of children is harmful to their social and mental development.