On December 13, 2021, New York State Governor Kathy Hochul announced that the wearing of masks would once again be required in “all indoor public places unless businesses or venues implement a vaccine requirement.” This meant that for any business that did not have a proof of vaccination requirement in place, all of the business’s patrons and employees aged two years and older had to wear a mask at all times while indoors. Our prior posts on the mandate can be found here and here.
Challenges to the mask mandate quickly ensued and, yesterday, Nassau County-based Justice Thomas Rademaker granted the challengers’ request to enjoin to mandate. While Justice Rademaker did not doubt “the good intentions” behind the mandate, he nevertheless concluded that the rule exceeded the scope of the State Department of Health’s authority.
In response to the ruling, the State Attorney General’s office filed an appeal early this morning. The appeal is particularly important because it means that Justice Rademaker’s decision is stayed pending a decision by the appellate court. We will continue to monitor developments as they unfold.