London Daily

Focus on the big picture.
Wednesday, Oct 28, 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
Aberdeen City Council Co-Leader Faces Binding Vote Challenge as Local Councillors Launch High Court Legal Battle
Housebuilding Across Scotland Falls to Eleven-Year Low Despite Government Declarations of a Housing Emergency
Former Prime Minister Gordon Brown Organizes National Innovation Summit in Manchester to Boost Regional Competitiveness
UK Government Faces Mounting Criticism Over Lack of Environmental Consultation During Artificial Intelligence Datacentre Expansion Talks
Greggs Announces Closure of Four Major Manufacturing Facilities Across Britain Resulting in Seven Hundred Forty Job Losses
British Retail Consortium Warns That Cumulative Employment and Regulatory Costs Threaten High Street Price Stability
Lloyds Banking Group Chief Executive Charlie Nunn Warns That Increased Bank Taxes Could Deter Long-Term Economic Investment
Ipsos Polling Reveals Seven in Ten Britons Expect Personal Tax Increases Amid Deep Public Economic Pessimism
Chancellor John Healey Delivers First Autumn Budget in Parliament Amid Tight Fiscal Constraints and Slower Growth Forecasts
United Kingdom Finance Monthly Review Highlights Rising Long-Term Borrowing Costs and Persistent Energy Price Pressures Across British Markets
Royal Marines Pioneer Rapid Autonomous Drone Operations During Major High North Exercise Involving NATO Allies
House of Commons Justice Committee Urges Chancellor to Align Prison and Courts Reform Ambitions With Concrete Budgetary Resources
Government Investigates Rapid Artificial Intelligence Datacentre Expansion Strategy Following Scrutiny Over Power Grid Demands and Planning Backlogs
His Majesty's Inspectorate of Constabulary Warns Third-Party Supplier Breaches Threaten United Kingdom Police and Fire Service Data
Number of British Businesses in Financial Distress Reaches Highest Level in Two Decades Ahead of Fiscal Announcement
Chancellor John Healey Prepares Autumn Budget Amid Intense Market Scrutiny Over Fiscal Headroom and Spending Pressures
Education or Indoctrination? The Growing Debate Over Religious Participation in British Schools
Germany's Vanishing Shopfronts: The Silent Collapse of the Businesses That Built Its Cities
Northern Ireland Executive Reaches Agreement on Public Transport Modernization and Cross-Border Rail Infrastructure Funding
Department for Energy Security and Net Zero Approves New North Sea Carbon Capture and Storage Industrial Clusters
Office for National Statistics Reports Stabilization in Private Rental Growth Across Major English and Welsh Regional Cities
United Kingdom Automotive Manufacturing Output Rises Moderately as Electric Vehicle Assembly Lines Expand in the Midlands
Competition and Markets Authority Launches Formal Inquiry Into Cloud Computing Infrastructure and Artificial Intelligence Partnerships
Scottish Government Finalizes Emergency Budget Adjustments Following Multi-Year Public Sector Funding Shortfalls
National Health Service England Announces Major Emergency Care Overhaul to Alleviate Severe Winter Capacity Pressures
Chancellor Rachel Reeves Prepares Autumn Budget Amid Intensifying Scrutiny Over Public Spending and Fiscal Rules
Bank of England Signals Cautious Approach to Further Interest Rate Cuts as Persistent Wage Growth and Inflation Pressures Remain
Transport for London Unveils Expanded Zero-Emission Bus Fleet to Meet Capital Air Quality Targets
Higher Education Institutions Face Deepening Financial Strain Amid Declining International Student Enrolment
Automotive Industry Leaders Criticize Government Tax Policies and Urge Action on Retail Consumer Confidence
Environment Agency Issues Flood Alerts Across Scottish and English Waterways Following Heavy Rainfall
Independent Audit Highlights Persistent Security Vulnerabilities Across Legacy Government Digital Portals
Northern Ireland Political Leaders Clash Over Westminster Funding Allocations Ahead of Autumn Budget
Ethnic Minorities in England Face Significant Disparities in Routine Breast Cancer Diagnosis Rates
National Police Chiefs Report Alarming Surge in Domestic Abuse Cases Fuelled by Expanding Illegal Cocaine Market
Government Announces Two Hundred and Twenty Million Pound Pothole Funding Boost for Local Highway Authorities
China Issues Formal Warning Over Potential United Kingdom Restrictions on Chinese Electric Vehicles
British Defence Ministers Sign E5 Pact to Enhance European Military Capabilities and Industrial Cooperation Within NATO
United Kingdom Business Activity Expands at Fastest Pace in Eight Months According to S&P Global Flash Survey
Chancellor John Healey Prepares Major Devolution Package and Bank Profit Surcharge Ahead of Upcoming Autumn Budget
National Health Service Consultants in England Announce Two-Day Strike Action Scheduled for November
Major Clean-Up Under Way Across Britain Following Destruction Caused by Consecutive Storms Austen and Boelo
KEY TRENDS TO WATCH
Declassified Intelligence Files Reveal British Security Services Monitored National Health Service Founder
British Government Launches Sweeping Regulatory Crackdown on High-Risk Cosmetic Procedures
Scottish National Party Demands Ban on Using Scottish Revenues to Fund English Nuclear Energy Projects
Mayor of London Initiates Landmark Pedestrianisation of Oxford Street to Revitalise Global Retail Hub
British Judges Granted Expanded Legal Powers to Punish Convicted Killers Who Refuse to Attend Sentencing
United Kingdom Poised to Miss Reduced International Aid Spending Targets Ahead of Fiscal Review
Surging Cocaine Consumption Drives Record Drug Fatalities and Rising Crime Rates Across Britain
×