A judge in New York overturned the state’s mask mandate on Monday after Gov. Kathy Hochul, a Democrat, reinstated it amid a surge of COVID-19 cases.
State Supreme Court Judge Thomas Rademaker ruled the mandate could not be enforced.
The New York State Department of Health lacks the authority to implement the mandate, Rademaker said.
Only the New York State Legislature has the power to do so, according to a report.
NEIL YOUNG PRESSES SPOTIFY TO REMOVE MUSIC OVER JOE ROGAN COVID-19 DRAMA
The mandate “is a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable,” Rademaker added.
The mask mandate for the Empire State was instituted in April 2020 and was lifted in June 2021 for vaccinated people, the report noted.
Hochul attempted to reinstate it in December, with the Health Department announcing it could be in effect until Feb. 1.
The governor said she did not agree with Rademaker’s ruling.
“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 in a statement.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
“We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately,” she added.
