NY mask mandate remains in place for now, judges say
PLAINVIEW, N.Y. - Hundreds of determined parents against New York's mask mandate are continuing their fight after an appellate panel of four judges ruled Gov. Kathy Hochul's mandate will stay in place until March when the court will hear arguments in the case.
A group of Nassau County parents sued over the mandate. A lower court judge ruled last month it was unconstitutional.
Emotions run high on both sides — those who believe masks have protected people in the fight against COVID-19 and others who are fighting for the freedom to choose whether to mask up.
"This is all about control and it's about parents not having the right to decide what's best for their children," Nassau County Executive Bruce Blakeman said.
Hochul has argued that masks are critical tools in the fight against the coronavirus pandemic. She announced she will be reevaluating the state's mandate every two weeks.
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Hofstra Law professor James Sample explains the court's decision was based on the law — not whether the mask mandate itself is right or wrong.
"What this process shows is that no one individual is able to make the rules without review," Sample said.
Dr. Kerry Fierstein, a pediatrician and the CEO of Allied Physicians Group, said parents need to set an example and regardless of the outcome, children need a definitive message one way or the other.
"As adults, we're failing our children by teaching them that they should ignore the laws we don't believe in," she said.
The court didn't indicate how soon it could ultimately decide the lawsuit. The state has until March 2 to file papers for its appeal.