New York's mask mandate temporarily restored by appeals judge

Students walk between classes in White Plains, New York. An appellate judge temporarily restored the mask mandate as the state prepares to appeal.

Mark Lennihan/AP file photo

On Tuesday, an appeals judge restored New York's mask mandate, a day after a lower court ruled against it. The stay was granted by Judge Robert Miller in New York City. Judith Vale, an attorney for the state, argued before Miller on Tuesday that the judge's earlier ruling would endanger the health of students and staff at schools.

If the order is not stayed, it will allow individuals to refuse to wear face coverings in indoor public settings where the risk of COVID-19 spread is high. Attorney Chad Laveglia, who brought the challenge on behalf of a group of parents, vowed to take the challenge as far as it needs to go. He said it was blatantly unconstitutional to grant a stay.

The ruling that overturned the mask mandate caused a day of confusion for school districts and parents, with some administrators announcing masks would be optional and others continuing to enforce them.

While it is certain this decision will face legal challenges, until litigated otherwise, mask wearing will be optional for students and staff in the Massapequa Schools. In April 2020 the state mandated that people wear masks in most indoor settings outside of their home. The rule ended in June 2021. Hochul said in December that it would be back into effect for a month. The state health department said the mandate would be in place until Feb 1. Hochul said she was confident the mandate would be upheld. She said after Miller's ruling that these measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives. Senate Republican Leader Rob Ortt criticized Hochul for relying on mandates and said she should send a bill to the Legislature for debate. The judge's ruling did not stop school districts from implementing their own rules. It came as the omicron wave appeared to be easing. In the seven-day period that ended Monday, the state averaged just under 22,000 new cases of the virus per day, down from the peak of 74,600 per day in early January. In the past seven days, hospitalizations have declined by a hair. The current public health guidance favors masks at a time of high infections.