After hearing brief arguments, Appellate Division Justice Robert Miller granted the state’s request to keep the masking rule in place while the governor’s administration pursues an appeal.The stay came after a day of confusion, in which some New York school districts — particularly in areas that lean Republican — rushed to make masks optional for students and teachers, and state education officials told administrators they should continue enforcing the mask mandate.
At issue is the legality of an order the state’s health commissioner issued in mid-December as the omicron variant fueled a huge wave of COVID-19 infections in the state. As school districts waited for the legal questions to play out, parents received mixed instructions, depending on where they live.“While it is certain this decision will face legal challenges, until otherwise litigated, mask wearing will be optional for students and staff in the Massapequa Schools beginning Tuesday,” the district said on its website.
“The order, if not stayed will allow individuals to refuse to wear face coverings in indoor public settings where the risk of COVID-19 spread is high, including in schools where many children remain unvaccinated against COVID-19,” the state said in a court filing. Senate Republican Leader Rob Ortt criticized Hochul for relying on mandates and said she should instead send a bill to the Legislature for debate.