NYS Supreme Court Judge Strikes Down Gov. Hochul’s Mask Mandate

A New York State Supreme Court Judge out of Nassau County ruled against Governor Hochul’s mask mandate that was placed in effect in mid-December as Covid cases were rising due to the Omicron variant.

Judge Thomas Rademaker write in his decision that the mask mandates would need to be voted into law by the State Legislature, not through an “emergency rule” by the Governor or Health Commisioner, and the mandate is “violative of the New York State constitution” and “therefore null, void and unenforceable as a matter of law.”

"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,” the Judge wrote. “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."

Governor Hochul responded to the ruling that the State is “pursuing every option to reverse this immediately.

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