New York State Tuesday formally filed its appeal after a State Supreme Court Judge out of Nassau County has ruled that Gov. Kathy Hochul's mask mandate is unconstitutional.

A judge briefly heard arguments Tuesday afternoon and indicated he'd inform parties of his decision by the end of the day.

Hochul enacted the mask mandate in mid-December amid an increase in COVID-19 cases attributed to the omicron variant.

Judge Thomas Rademaker wrote in his decision that the governor does not have the authority to impose the mandate and that the state legislature would have to debate and approve laws requiring masks in schools and other places.

The ruling applies specifically to the statewide mandate issued by Gov. Hochul. Individual entities like businesses and school districts' abilities to choose to enforce masking aren't impacted by this ruling.

As of Monday night, some area school districts were already alerting parents that they are choosing to enforce their own mask mandates, with the Webster Central School District sending the following message to parents:

January 24, 2022
Dear Webster CSD Families,

You may have seen the news tonight that New York State Supreme Court Judge Thomas Rademaker of Nassau County has declared the state mask mandate unconstitutional. We understand that the State of New York may appeal the decision and seek a stay regarding the enforcement of this ruling.

In accordance with the recommendation of the New York State and County Departments of Health and Centers for Disease Control and Prevention (CDC), Webster CSD will continue to require all students and staff to wear masks indoors for the health and safety of our community. In addition, we received communication this evening from the New York State Education Department stating that schools must continue to follow the current masking rule.

We are working with legal counsel to ascertain the implications of this litigation and any appeals. In the meantime, we appreciate everyone’s patience as we work through this issue.

All my best,

Brian Neenan

Superintendent of Schools

Monroe County Council of School Superintendents President Bo Wright tweeted "School leaders are aware of a ruling by a state judge on Long Island today that deemed the governor's mask mandate unconstitutional. This evening, NYSED announced that the mask mandate remains in effect in schools based on the state's intent to appeal. More information to follow."

Hochul released the following statement after the ruling: "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."

Senate Republican Leader Rob Ortt sent the following statement on the ruling:

"Nearly two years ago, New York became the epicenter of the COVID-19 pandemic. Our state was shut down, our schools were closed, and our economy was decimated.

"Nearly 700 days later, today’s ruling by a NYS Supreme Court Judge reinforces what my Republican colleagues and I have said from the beginning: it’s past time for Governor Hochul and Democrat One-Party Rule to end the mandates.

"New Yorkers are fed up — and they are counting on us to return to a system of governance based on collaborative decision making, guidance, checks and balances."

LINK BELOW

https://www.scribd.com/document/554839220/616124-2021-Michael-Demetriou-Et-Al-v-Michael-Demetriou-Et-Al-DECISION-ORDER-on-128#from_embed

AMINS REMARKS : YOU CAN TELL THE STATE OF NEWYORK TO GO TO HELL AND THEY ALSO CANNOT FINE YOU EITHER WHICH MEAN THIS GOVERNOR HAS NO JURISDICTION IN TELLING OR ORDERS A BUSINESS OR MEDICAL FACILITY THEY HAVE TO ENFORCE ANYTHING.