As the state Department of Education told districts Monday night, they must continue to enforce the masks in schools rule pending the resolution of the appeal.
Some districts told parents that masks in classes would be option until the appeal was formally filed, which it has been.
The Massapequa School District was one of several in the state now telling students and teachers if you don’t want to wear a mask, you don’t have to.
They’re not alone.
At least 20 districts across Long Island have wasted no time ditching their mask mandates, given this new leeway from State Supreme Court Judge Thomas Rademaker.
The districts allowing students and staff to unmask include the following: Plainedge, Massapequa, North Merrick, Smithtown, Levittown, East Meadow, Sachem, West Islip, Farmingdale, Franklin Square, Rockville Centre, Sewanhaka, Bellmore-Merrick Central High School Districts, Copiague, Carle Place, Harborfields, Commack, Connetquot, Lindenhurst, South Huntington, and Cold Spring Harbor.
Masks remain mandatory in Jericho, Baldwin, Syosset, and all Catholic schools.
The New York State Health Department also said the rule is still in effect while they appeal.
Judge Rademaker says the latest mask rule issued by the state department of health in December is unconstitutional.
He says the health department doesn’t have the authority to make new laws.
The legislature also stripped the governor’s office of its emergency pandemic powers because of former Governor Andrew Cuomo’s scandals.
Nassau County Executive Bruce Blakeman was celebrating Monday night and planned to speak out about the ruling and the appeal on Tuesday.
“The governor does not have power unilaterally. And the health commissioner does not have power unilaterally to make rules that materially affect people’s lives, without respect to the collateral damage that is done, especially to our school children. I think it’s a great victory for all New Yorkers,” he said.
Gov. Hochul released the following statement on Monday night:
“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. We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
The state had initially instituted a mask mandate in April 2020 that ended in June 2021 for vaccinated individuals; Hochul announced in mid-December that it would go back into effect for at least a month. Earlier this month, the state health department said the mandate would be in place until Feb 1.
The ruling comes as the omicron wave that gripped New York state appears to be fading. The state averaged around 23,400 new cases of the virus per day in the 7 day period that ended Sunday, down from 74,600 per day during the wave’s peak in early January. Hospitalizations are dropping, too, declining 17% statewide in the past 7 days.
(The Associated Press contributed to this report.)
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