"Judge Rademaker concluded that neither the governor nor the state health commissioner has the authority to impose the mask mandate and the state legislature would need to approve specific laws to require masks in schools and certain public places."
"Judge Rademaker concluded that neither the governor nor the state health commissioner has the authority to impose the mask mandate and the state legislature would need to approve specific laws to require masks in schools and certain public places."
That site is cancer. Different source from Reuters:
Jan 24 (Reuters) - A New York judge struck down the state's mask mandate on Monday, ruling that it was unconstitutional and a violation of state law, according to the court decision.
Judge Thomas Rademaker, of New York State Supreme Court on Long Island, wrote in his decision, which apparently takes effect immediately, that the state legislature last year curbed any governor's ability to issue decrees, such as a mask mandate, amid a declared state of emergency.
The legislature's action "prevents the type of mandates and directives that former Governor Cuomo included in his various COVID-19 related Executive Orders," the judge wrote.
New York Governor Kathy Hochul said in a statement, "We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately."
"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.
Rademaker wrote in his decision that he had no doubt there was good intention behind the mask mandate and said his ruling is not intended "in any way to question or otherwise opine on the efficacy, need, or requirement of masks as a means or tool in dealing with the COVID-19 virus."
Sure, why not?