New York State Education Department ignores Supreme Court ruling that mask mandate is illegal
According to the ruling on Monday by Judge Thomas Rademaker, the issue of compulsory masks must be taken to the state legislature and cannot be mandated through the state’s health department.
On Monday, the New York State Supreme Court ruled that the mask mandate imposed by Gov. Kathy Hochul is illegal. However, the state's education department on Tuesday informed parents that they are not allowed to send their children to school unmasked despite the ruling.
According to the Daily Wire, the department rationalized that the ruling was possible to ignore because the department intends to appeal.
An email obtained by the publication, which was sent to parents by Spencerport Superintendent Kristin Swann, claims that the department “continues to mandate that all individuals in school settings must wear masks.”
“The State Education Department (SED) continues to mandate that all individuals in school settings must wear masks under the current regulations until legal appeals are exhausted,” the email stated. “Please understand that this mandate was communicated to ALL school districts from the New York State Education Department as of this evening.”
In the email, the Education Department stated that it is their “understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule.”
According to the ruling on Monday by Judge Thomas Rademaker, the issue of compulsory masks must be taken to the state legislature and cannot be mandated through the state’s health department.
“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 stated. “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.”
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