A state Supreme Court judge struck down New York state’s mask-wearing mandate on Monday, ruling that the governor and the state Department of Health did not have the authority to enact such a mandate without approval from the state. State Legislature.
In an opinion, Nassau County Supreme Court Justice Thomas Rademaker argued that because New York was no longer in a state of emergency at the time the mask mandate was announced, the governor and health commissioner had no additional authority to order such a measure.
In March 2021, the New York state legislature passed a bill limiting then-Governor Andrew Cuomo’s ability to issue emergency orders.
In December, amid a surge in Covid-19 cases, New York Governor Kathy Hochul announced a temporary mandate that required New Yorkers to wear a mask in all indoor public spaces unless businesses implemented a mandatory safety requirement. vaccine.
State Health Commissioner Dr. Mary Bassett issued a ruling solidifying the demand. Despite criticism of the change, the measure was extended two more weeks after the January 15 start date.
“While Bassett and Hochul’s intentions appear to be well directed towards doing what they believe is their right to protect the citizens of the state of New York, they must take their case to the state legislature,” Rademaker wrote.
“If the State Legislature, after public debate, decides to enact laws requiring face coverings in schools and other public places, then the Commissioner would likely be well-grounded.”
Hochul said he is working to reverse the decision immediately. “My responsibility as governor is to protect New Yorkers during this public health crisis, and these measures help stop the spread of Covid-19 and save lives,” she said in a statement Monday.
Rademaker said his decision was solely about whether the mandate was properly enacted.
“To be clear, this Court in no way intends to question or opine on the effectiveness, necessity or requirement of masks as a means or tool for dealing with coronavirus,” Rademaker wrote. “This Court only decides the questions of whether the rule in question has been properly enacted and, if so, whether it can be applied.”
This content was originally created in English.
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Reference: CNN Brasil
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