Gov. Hochul Announces Businesses Must Madate Masks or Vaccines or Face Fines of up to $1,000: Starting Monday

By Yehudit Garmaise

Gov. Kathy Hochul announced this morning that, starting Monday, Dec. 13 and extending at least through Jan. 15, 2022, New York businesses must implement and enforce either vaccine or mask requirements for their employees and customers or face fines of up to $1,000 per violation and potentially other criminal and civic penalties.

In addition, New Yorkers must wear masks in all public places and stores that do not already have mask requirements in place, although penalties for individuals who do not mask are unclear.

“I share New Yorkers’ frustration that we are not past this pandemic, but the winter surge is here, and we must take action,” the governor tweeted this morning.

Hospitalizations have ticked up 86% in the last month. 

The current increases are “setting off alarm bells,” said Gov. Hochul yesterday at a press conference, adding that the current increases in COVID cases, “keeps her up at night.”

Although 20 patients statewide have been detected with infection of the Omicron variant, the majority of COVID cases are from the Delta strain, Gov. Hochul said yesterday.

Statewide, COVID hospitalizations have spiked to 3,489, which is the highest that number has been since April 21. 

New York City’s daily COVID average has increased 37% higher than it had been in prior weeks, while hospitalizations are also starting to tick up.

"I have warned for weeks that additional steps could be necessary,” Gov. Hochul said, “and now we are at that point based upon three metrics: Increasing cases, reduced hospital capacity, and insufficient vaccination rates in certain areas.”

Gov. Hochul thanked the more than 80% of New Yorkers who are fully vaccinated, but she also announced, “major action [is necessary] to address the winter surge and prevent disruptions to businesses, as COVID cases and hospitalizations rise, statewide.”

“To protect the health of New Yorkers, all businesses and venues must implement mask requirements or require proof of fully vaccinated status,” said Gov. Hochul, who has not articulated any consequences business owners who do not comply.

The governor said she will reassess the measure on Jan. 15, 2022.  

Gov. Hochul’s measure aligns with the recommendations of the US Center for Disease Control and Prevention “for communities with substantial and high transmission,” which Mary Bassett, MD, MPH, the state’s health commissioner confirmed now applies to New York.

“The new measure brings added layers of mitigation during the holidays when more time is spent indoors shopping, gathering, and visiting holiday-themed destinations,” Dr. Bassett said.   

"As Governor, my two top priorities are to protect the health of New Yorkers and to protect the health of our economy,” Gov. Hochul said. “The temporary measures I am taking today will help accomplish this through the holiday season. 

“We shouldn't have reached the point where we are confronted with a winter surge, especially with the vaccine at our disposal.”