Judge Temporarily Stops Ruling to End Mask Mandate as Governor’s Appeal is Heard

By Yehudit Garmaise

Gov. Kathy Hochul’s mask mandate will stay in effect, for now, while Attorney General Letitia James’ appeal is heard, said a judge at a virtual court hearing at the New York Appellate Division.

Today, James filed a motion to block the ruling of New York Supreme Court Judge Thomas Rademaker, who said that the governor did not have the legal authority to issue a statewide mask mandate, while only the state legislature could do so.

“We’re appealing last night’s decision that struck down the mask mandate in New York,” James tweeted. “We will continue to do everything in our power to protect New Yorkers from COVID-19.”

Officials have said that the judge “issued a stay,” or temporarily stopped the Judge’s Rademaker’s ruling that found the New York mask mandate both unconstitutional and unenforceable. Judge Rademaker's ruling freed businesses from wearing masks, but left public schools statewide unsure of whether students, teachers, and staff must still wear masks. 

New York City schools, however, had a mask mandate in effect that predated Gov. Hochul’s, and so they are not affected by whether the state’s mask mandate ends.

“As governor, my top priority is protecting the people of this state,” said Gov. Hochul, who commended James for her “defense of the health and safety of New Yorkers.” “[Masks] are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives.”

Gov. Hochul also applauded the Appellate Division and the Second Department for “siding with common sense and granting an interim stay to keep the state’s important masking regulations in place.

“We will not stop fighting to protect New Yorkers, and we are confident that we will continue to prevail.”