Appeals Court Temporarily Reinstates New York’s Indoor Mask Mandate

A judge in New York ruled that the state’s mask mandate will remain in place temporarily as a legal battle continues in state court.

Appellate Court Judge Hon. Robert J. Miller issued a stay on Tuesday to retain the mask mandate pending ongoing court procedures, The Hill reports.

His decision came just a day after Nassau County Supreme Court Justice Thomas Rademaker struck down New York’s mask mandate, ruling Gov. Kathy Hochul does not have the authority to enact such a mandate without approval from the Legislature.

Rademaker argued the rule amounted to “a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable.”

New York Attorney General Letitia James celebrated the stay in a statement.

“Nearly three years into the COVID-19 pandemic, we know that wearing a mask saves lives,” James said. “This mandate and today’s decision are critical in helping to stop the spread of this virus and protect individuals young and old.”