UPDATE: Appeals court judge sides with state on mask mandate in schools
Update (5:20 p.m.): An appeals court judge sided with New York State Tuesday afternoon, allowing the universal mask mandate for schools to continue for now.
Gov. Kathy Hochul applauded the decision and thanked the Apellate Division court “for siding with common sense and granting an interim stay to keep the state’s important masking regulations in place.”
She said they are confident the state will continue to prevail as the case continues to play out in court. The decision means districts such as Shoreham-Wading River that declared Tuesday masks would be optional must now revert back on Wednesday. The New York Times reported that Justice Robert J. Miller, the state appeals court judge, has scheduled another hearing for Friday morning.
Original Story: Late Monday a New York State Supreme Court in Nassau County handed down a decision that Gov. Kathy Hohcul’s (D) mandate that anyone in a public school must wear a mask, is unconstitutional.
Responding to the court’s decision, Shelter Island School Superintendent Brian Doelger, Ed.D., sent an email to all parents:
“You may have seen varying reports on the news or social media regarding a recent Nassau County Superior Court decision. The mask mandate is still in effect. Please read the below email that was received tonight from the New York State Department of Education (NYSED). There are multiple lawyers and law firms reviewing the information and if anything should change, I will inform you immediately. Please see the email from NYSED below:
“The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep’t of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al.
“It is SED’s 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.”
“As mentioned if there is any update or change, I will inform the community immediately.”
A further statement from the New York State Department of Health (NYSDOH) was released Monday morning:
“The State is appealing the decision and will seek an emergency injunction to stay the Court’s order. Until these legal steps occur, we strongly support New York State Education Department (NYSED) position on continued masking in schools.
“NYSDOH and NYSED indoor masking policy aligns with positions of several authorities—such as the Centers for Disease Control & Prevention and the American Academy of Pediatrics—that are designed to prevent COVID spread in schools and communities. People in schools who are unmasked are ineligible for test-to-stay and face stricter quarantine standards. These novel programs were put in place because strict adherence to mitigation measures like masking have helped make schools safer places compared to most general community settings that lack such measures. Any removal of these mitigation measures increases the potential for viral spread, leading to widespread quarantine and possibly forcing school closures.
“We will continue to keep you updated on the process of appeals and/or stays to this ruling, and its impact on K-12 schools, public spaces, and other places where masking was required.”
