The short answer to this question is, yes.
Last week, a Nassau County Supreme Court judge, Thomas Rademaker, overturned New York’s mask mandate, which requires New Yorkers to wear masks in schools, on public transit, and in indoor spaces. The Court held that Governor Kathy Hochul’s administration did not have the constitutional authority to order people to wear face coverings; rather, the Court stated that this authority rests with the state legislature, not the Governor. Judge Rademaker did note that his ruling should not be misconstrued as a question as to the efficacy, need, or requirements of masks being used to deal with the COVID-19 pandemic, but simply that enacting this mandate would require the state legislature’s action.
Because of the Supreme Court ruling, we watched as New Yorkers removed their masks in indoor places, despite policies imposed by business owners, and refused to send their children into schools wearing masks as quickly as the next day. Even certain school administrators went so far as to circulate email notices to parents, advising that masks were now optional. Other schools refused to lift the mask policies and required them to be worn.
The following day, the Appellate Division, Second Department, issued a stay of the Nassau County ruling, thereby temporarily restoring the mask mandate in New York while the Governor’s office pursues an appeal of the lower court’s ruling. The Second Department is considering the appeal filed by the Governor’s office.
This 48-hour incident demonstrated a certain informational and educational gap between the citizens of New York and the rulings of the state judicial system, particularly with respect to how a state court’s ruling interplays with local and federal regulations.
Indeed, while the state mask mandate was temporarily struck down by the state Supreme Court decision, this does not automatically vitiate local and federal regulations concerning masks and face coverings. In fact, New York City reiterated that students and staff members were required to wear masks in city schools, and this NYC mandate was imposed before the state mask mandate was in place. On a federal level, the MTA ensured that all riders in NYC’s public transit were required to wear face coverings, as federal regulations required masks on public transportation.
Because of the near-instantaneous media coverage on high priority topics such as masks, it is understandable how the typical citizen could hear “Court struck down state mask mandate” and run with it – maskless, of course. But, as the foregoing local and federal responses demonstrate, not all rulings have sweeping effects on every aspect of the public, and certainly, private businesses could be entitled to enforce regulations out of health and safety concerns.
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship.
