Masks required in New York schools today, judge grants stay pending appeal on mask mandate ruling

NEW YORK (WABC) — A New York Appellate Judge granted a stay in the state’s lawsuit over the COVID-19 face mask mandate, meaning it remains in place while case is appealed — and schools must enforce it.

New York State had quickly filed an appeal after a Supreme Court judge in Nassau Count ruled that the New York’s mask mandate couldn’t be enforced.

The mandate had been reinstituted over concerns about a winter surge of coronavirus cases.

Masks were optional Tuesday in many Nassau County school districts.

Wednesday, students and staff need to wear their masks that appellate judge judge issued a stay until a hearing later this week.

The issue isn’t the mask mandate itself but how it was implemented.

A judge in Nassau County saying the state health department does not have the authority to issue the statewide school mask mandate.

Before Monday’s ruling, Governor Kathy Hochul has already implied that the school mask mandate would be lifted once infection numbers went down.

But that wasn’t good enough for many.

“How can you have a mandate where you don’t know where it begins and you don’t know where it ends?” Blakeman said.

“I don’t want to keep any requirements for safety in place a day longer than necessary, but I will not do it a day before we can do it safely,” Governor Hochul said.

“It’s not invasive, it’s effective, and it is simple,” a parent said, “And our children do not appear to be complaining about it, mostly the parents are.”

The hearing is set for Friday at state appellate court.

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