A New York judge struck down the state’s indoor mask mandate arguing that such a sweeping policy must first be approved by the state legislature.
The Hill reports:
Nassau County Supreme Court Justice Thomas Rademaker determined that Gov. Kathy Hochul (D-N.Y.) did not have the authority to enforce an indoor mask mandate in December, when she announced that she was renewing a face covering requirement for indoor locations for roughly a month.
Rademaker, in his ruling, said such a policy must be “tailored, necessarily related, and attached to a law that the State Legislature has passed,” according to The Wall Street Journal.
He noted that while the intentions of Hochul and state Health Commissioner Mary Bassett “appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York,” they have to present their case to the state legislature, according to The Washington Post.
Governor Hochul said she plans to fight the ruling.
“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,” Hochul said in a statement. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
However, Democrats control both chambers of the state legislature, teeing up Gov. Hochul for success.