New York state judge strikes down Governor Hochul mask mandate

TheCOVIDBlog.com
January 25, 2022

New York Governor Kathy Hochul.

LONG ISLAND — New York state residents are breathing a little easier today after the judiciary affirmed the legislature make laws, not the executive branch of government.

New York Supreme Court Justice Thomas Rademaker struck down the statewide mask mandate yesterday. Note that the “Supreme Court” in New York is a trial court. The New York Court of Appeals is the state’s highest court. Judge Rademaker cited Executive Law § 29-A, which the Democrat-led State Assembly and State Senate amended last March to strip then-Governor Andrew Cuomo of any further unilateral emergency powers. The law applies to all subsequent governors as well.

New York Commissioner of Health, Dr. Mary T. Bassett, promulgated 10 NYCRR §§ 2.60, 2.60(a), aka the statewide mask mandate, on December 10, 2021. It requires everyone over the age of 2 in the state to wear masks in public places. Governor Kathy Hochul enforced the mandate after declaring a disaster emergency in a November 26 Executive Order. But Hochul and the state subsequently admitted that there was in fact no disaster emergency in their answer to the instant lawsuit. The Petitioners in this case filed the complaint on behalf of all minor children and similarly-situated adults in New York.

Judge Rademaker struck down 10 NYCRR §§ 2.60, 2.60(a) because Governor Hochul tried to circumvent the new Executive Law § 29-A by excluding the mask mandate in her November Executive Order. Instead she enacted the mandate through the state health department. In short, Commissioner Bassett has no more authority to create laws than Governor Hochul. Further, this “emergency rule” was unlawfully enacted because there is no emergency. Thus it violates the State Administrative Procedure Act.

Governor Hochul must go to the legislature if she wishes to enact any further statewide mask mandates. Read the full court decision here.

What all this means?

Granted this decision is only enforceable in the state of New York. But this is an incredible victory for freedom and liberty during these dystopian times. California, New York, Oregon, and Washington State are very similar to Australia and Canada as far as COVID dystopia. The fact that a New York state judge actually applied the law to an unconstitutional mandate in a very liberal state is quite impressive. But there’s even more going on globally that almost seems a bit too good to be true.

U.K. Prime Minister Boris Johnson announced last week that all COVID restrictions in England, particularly mask mandates and vaccine passports, end this Thursday, January 27.

Not sure which is more surprising between the developments in New York and England. But the skeptic in this blogger wonders “what are these people up to?” Leave it to California to bring things back to reality. State Senator Dr. Richard Pan introduced legislation yesterday that would require all California K-12 school kids to receive mRNA injections. Regardless, the happenings in New York and the United Kingdom are significant no matter how you slice it.

New York Attorney General Letitia James filed an immediate Notice of Appeal after the ruling was published. The State Education Department is still enforcing mask mandates in schools pending said appeal. Erie County, where Buffalo is located, is also still enforcing a local mask mandate. Individual private businesses may also require masks for entry.

Governor Hochul said she “strongly disagrees” with the court’s ruling and vows to pursue “every option to reverse this immediately.”

 

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Kriss
Kriss
3 months ago

Yeah, I’m stuck in California with these evil, dumb democrats who want to kill the kids with jabs. In addition, we still face discrimination re: weekly testing in our school district and only “fully vaccinated” substitute teachers are eligible for full-time school site work. The district is an arm of the state and the state’s unscientific lies about the unvaxed “spreading illness,” etc. There are lawsuits currently going on against several school districts and I’m cheering them on. We can not let the lies continue without speaking up about the dangers of shots that do nothing but harm.

We’ll see how this affects New York. It’s a step in the right direction, at least. Face diapers are disgusting to wear all day.

donthatemetoomuch
3 months ago
Reply to  Kriss

“Face diapers are disgusting to wear all day.”

They are disgusting to wear, point blank. It is a symbol of submission and obedience. It is the snake in the grass, changing the mental landscape of the invidual, making him/her ripe for accepting more servitude.

Gwen
Gwen
3 months ago
Reply to  Kriss

Californians are dumb and corrupt. I used to live there. But so are many Oregonians and Washingtonians. They are everywhere!

Janyuary
Janyuary
3 months ago
Reply to  Gwen

Gee, thanks for insulting a whole lot of my family and friends. “Californians” are usually people born and raised somewhere else — folks like Nancy Pelosi and Barbara Boxer. The wackiest lefty “Californians” I know (and that’s a lot) moved here from the East Coast, the Midwest, and the South, with zero roots or sacrifice invested in this state. Nobody knows who real Californians are, least of all media consumers. Then again, nobody knows who Americans are, either, or what they will do in coming days — least of all Americans themselves. I have faith in them. UNITE — please STOP whitewashing everyone in a state because of that state’s fraudulently elected political representatives.

Annie
Annie
3 months ago

Liberals especially liberal women are the worst. The hate inside of them is unbelievable.

Hal
Hal
3 months ago

Unelected official trumps rule of law. We live in a bizarro world.

Lisa Espinoza
Lisa Espinoza
3 months ago

They’re removing the foolery before the data and studies come out in droves showing that natural immunity is best. And consequently that if we’d all just done like the Amish and Swedish we’d have faired better.

Frank DiGorgio
Frank DiGorgio
3 months ago

Hochul just looks evil. Just a vile and disgusting woman.

Garian
Garian
3 months ago

I live on Long Island. We probably had the most mask obsessed public in the country 2 years ago. Even Connecticut and New Jersey had significantly less mask mania than here.

This time around, people just blew it off. Probably about 80% of the businesses in my area wouldn’t enforce the new mandate, and close to half the counties in the state refused to enforce it. If that’s happening even here in NY, then the covidians must be on their final offensive.

Grace
Grace
3 months ago
Reply to  Garian

I’m on the southwestern shore of Long Island. The portion of people not wearing masks here even outside is ME. I don’t get hassled by any of these cowards or store owners tho when I walk in maskless. Im pretty sure many post the mask signs for the state, not us.

Linda N
3 months ago

 the skeptic in this blogger wonders “what are these people up to?” Oh boy do I relate to that! These maniacs don’t give up that easy.

Greetings from Spain
3 months ago
Reply to  Linda N

Yo también me hago esa pregunta. ¿ Qué están tramando esta gente?
En España están pensando en eliminar el pasaporte covid.
En Irlanda también están eliminando las restricciones, e incluso se esta comentando que en Europa pronto se acabará la pandemia.
No se qué pensar, ¿ Cómo podemos creer en políticos que no han respetado nuestros derechos? ¿ Cómo podemos creer en políticos que han estado envenenando a sus ciudadanos con afán de lucro?
Yo estoy a la expectativa de ver que están maquinando sus perversas mentes.

Gwen
Gwen
3 months ago

Muy cierto. Algo no esta bien

Osa
Osa
3 months ago

New York cannot seem to get a break. Andrew Cuomo is out as governor, but yet Governor Hochul wants to keep the Covid tyranny going on in New York. You would think things would change with new leadership, but things seem to be the same or sometimes even worse. No wonder folks took the opportunity to leave New York once they could.

Last edited 3 months ago by Osa
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