London Daily

Focus on the big picture.
Wednesday, Oct 07, 2026

New York judge strikes down state COVID mask mandate

New York judge strikes down state COVID mask mandate

The mandate had been issued by governor after Kathy Hochul declared state of emergency amid Omicron spread.

A New York state judge has struck down a mandate that required the wearing of masks in public places as a COVID-19 precaution, ruling the governor overstepped her authority in imposing the restriction.

In the ruling on Monday, Judge Thomas Rademaker of New York State Supreme Court on Long Island found 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 mandate “is a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable,” the judge said.

It was the latest setback in court for officials at state and federal levels as they have sought to impose strict coronavirus measures in hopes of stemming the virus, which has seen a resurgence in the country amid the spread of the Omicron variant.

The debate about officials’ ability to mandate certain restrictions has often fallen along partisan lines, with Democrats usually supporting masking and vaccine requirements, and Republicans opposing them, citing them as a limit to personal liberty.


The New York Edcuation Department said on Tuesday the state had filed notice that it would appeal the ruling – a step that could keep the rule in place at least until its planned expiration on February 1.

In the meantime, New York state education officials told school administrators to continue enforcing the state’s mask mandate for students and teachers despite the judge’s ruling overturning it.

The move caused confusion on Tuesday as some districts rushed to make masks optional.

Attorney General Letitia James said on Twitter that her office would challenge the ruling.

Governor Kathy Hochul, a Democrat, pledged to fight back, saying 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.

Earlier this month, the US Supreme Court blocked President Joe Biden’s vaccination-or-testing mandate for large businesses.

Meanwhile, a judge in Texas last week ruled that Biden could not require federal employees to be vaccinated.

The challenged restrictions in New York state, home to about 20 million people, included wearing masks in schools, on public transit and other public indoor spaces.


Hochul had declared a state of emergency almost immediately after the World Health Organization named Omicron as a variant of concern on November 26.

When Hochul imposed the rule on December 31, she called it temporary. She later extended the original expiration date of January 15 until February 1.

The New York Attorney General’s office and the New York Department of Health both said they planned to appeal the decision.

Meanwhile, US Representative Elise Stefanik, a Republican who represents a district in New York, called the ruling “a win for small businesses, parents, students, and the freedom of all New Yorkers”.

“I am proud the New York Supreme Court overturned this unprecedented overreach of power and will continue to stand up for the freedom of New Yorkers,” she said in a statement.

Rademaker wrote that 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, but that “enacting any laws to this end is entrusted solely to the State Legislature.”

Hochul’s Democrats hold large majorities in both houses of the New York state legislature.

Newsletter

Related Articles

0:00
0:00
Close
Laura Trott Pledges Tighter Controls on Political Activism in UK Classrooms
Welsh Ministers Launch Long-Term Review of North Wales and Anglesey Crossings
Welsh Government Orders 18-Month Study of Road Solutions Around Newport
Reform UK MP Sarah Pochin Faces Scrutiny Over £800,000 Second Home Purchase
British Households Grow More Concerned About Fuel and Energy Prices
NHS Leaders Warn of Rising Winter Pressure on Emergency Departments
Kemi Badenoch Proposes £2.3 Billion Employer National Insurance Cut for Young Workers
Middle East Conflict Could Erase UK Fiscal Headroom, Economists Warn
Manchester City Found Guilty of Multiple Premier League Financial Rule Breaches
UK Security Services Find Strong Indications of Iranian Role in RAF Fairford Incident
Costa Coffee Returns to Operating Profit on Iced Drinks and Menu Changes
Asos Warns Customers After Unauthorized Access to Retail App and Data
Kemi Badenoch Puts Growth and Deregulation at Center of Conservative Conference
Campaigners Warn of Deepening Social Care Crisis for Disabled Adults
Study Finds Rising Early-Onset Cancer Rates Among Adults Under 50 in Britain
UK Coach Operators Warn High Diesel Prices Could Force Route Cuts
FCA Opens Independent Review Into Handling of Epstein-Linked Whistleblower Case
Argentina Vows to Block Falkland Islands Offshore Oil Development
UK Chancellor Prepares Fiscal Measures and Welfare Reforms Ahead of Autumn Budget
Sainsbury’s and Morrisons Explore Potential Multi-Billion-Pound Merger
UK Weighs Tariffs on Chinese Electric Vehicles to Align With European Union
UK Threatens Diplomatic Expulsions Over Planned Closure of East Jerusalem Consulate
UK Energy Price Cap Hits Three-Year High as Middle East Conflict Raises Costs
Seventh Arrest Made in Suspected Terror Plot at RAF Fairford
Systemic Education Collapse Sparks Mass Student Uprisings in France
Green Party Faces Backlash Over Resolution Equating Zionism With Racism
Conservatives Debate Scrapping Environmental Rules for New Homes
Cornwall Insight Warns UK Energy Bills Could Approach £2,000 This Winter
UK Coach Operators Warn of Service Cuts as Diesel Prices Exceed £2
Scottish Parliament Approves £68 Billion Budget With New Tax and Property Measures
FCA Opens Independent Review Into Handling of Epstein Whistleblower
UK Government Drops Plan to Suspend Jury Trials in England and Wales
Bank of England Holds Interest Rate at 3.75% as Markets Watch November
Two Iranian Nationals Charged Over Alleged Plot Targeting Manchester Jewish Community
UK Fiscal Headroom Halves to £11 Billion Ahead of Budget, EY Warns
US Bomber Withdrawal From RAF Fairford Prompts UK Security Review
Sarah Wakfer Appointed Chair of Northern Ireland’s Health and Care Regulator
Scotland Housing Completions Fall to 11-Year Low Amid National Shortage
UK Water Companies Face Tougher Oversight and Unannounced Regulatory Inspections
Middle East Conflict Pushes UK Fuel and Wholesale Energy Prices Higher
Andy Burnham Raises Prospect of Second Brexit Referendum in Review of UK-EU Relations
EY Warns UK Fiscal Headroom Has Halved to £11 Billion Ahead of Autumn Budget
BT Accused of Pressuring Vulnerable Customers During Digital Landline Shift
British Carmakers Warn of Growing Pressure From EU-China Tariff Dispute
Green Party of England and Wales Adopts Motion Defining Zionism as Racism
Medical Charity Threatens NHS Legal Action Over Two-Year Autism and ADHD Assessment Waits
British Transport Police Report Record Rise in Violence on Railways
Glasgow Council Workers Face Pay Cuts Under Fire-and-Rehire Plan
British Medical Groups Press Prime Minister Andy Burnham to Cancel £330 Million Palantir NHS Contract
UK Faces Record Bluetongue Outbreak Across Livestock Farms
×