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New York State Supreme Court judge strikes down mask mandate

NYS Supreme Court judge strikes down mask mandate.
NYS Supreme Court judge strikes down mask mandate.(MGN)
Published: Jan. 25, 2022 at 4:47 AM EST
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(WBNG) -- A New York State Supreme Court judge struck down Governor Kathy Hochul’s mask mandate Monday, ruling that Hochul and the State Department of Health did not have the authority to enact the mandate without approval from the State Legislature.

Judge Thomas Rademaker of Nassau County wrote in an opinion that Governor Hochul does not have the ability to enact the mandate since emergency powers are no longer in place.

The mask mandate was put into effect in December in response to a surge in virus cases and hospitalizations statewide.

Governor Hochul disagrees with the ruling saying, “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.”

The court document states, “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.”

Congresswoman Elise Stefanik released a statement in response to the ruling: