APPELLATE COURT GRANTS FULL STAY OF NASSAU COUNTY COURT RULING THAT NY GOVERNOR’S MASK MANDATE IS “UNCONSTITUTIONAL” IN NEW YORK STATE. STATE & 8 OTHER SCHOOL DISTRICTS ARE GIVEN UNTIL MARCH 2 TO “PERFECT” ARGUMENTS.

Hits: 5762

WPCNR WHITE PLAINS LAW JOURNAL. From the White Plains City School District. By John F. Bailey. January 31, 2022:

Children will be wearing masks to school until at least March 2, according to a ruling from the Appellate Court of Appeals, Second Department in Brooklyn. The interim ruling was distributed by White Plains Superintendent of Schools, Dr. Joseph Ricca this evening at 7:30 P.M.

New York State Governor Kathy Hochul issued this statement on the granting of the stay requested by the state:

“I commend the Appellate Division, Second Department for granting a full stay to keep our masking regulations in place for the duration of our appeal. My primary responsibility as Governor is to keep New Yorkers safe. Mask regulations keep our schools and businesses safe and open, protect vulnerable New Yorkers, and are critical tools as we work to get through this winter surge. Thanks to our efforts, including mask regulations, cases are declining and we are seeing major progress in the fight against COVID-19. I thank the Attorney General and her team for their defense of these common sense measures, and I am confident we will continue to prevail. We are committed to doing everything in our power to keep New Yorkers safe.”

The immediate impact is that masks will be worn (at least in the White Plains City School District) until the Appellate Court hears arguments sometime in March which is a 4 week school month with no holidays.

If the court expedites the case for an early argument the decision may be made before April, May and June the fourth quarter of the school year. If the arguments are heard and the Appellate court either rules against the state or denies the school districts that filed the original case in Nassau County either party is sure to appeal it to the New York State Court of Appeals.

It is possible the case may not be decided until the school year ends.

The effect of the 30 Days to ready papers has the ancillary effect of keeping students masked in schools if the school districts enforce the wearing of masks during the winter vacation during Presidents Week and over the Valentine’s Day period, perhaps limiting any growth in spread due to relaxing of the virus protection masking gives.

The current fifth wave of infections that is now being limited factors of vaccine effectiveness, intense cold weather and snowstorms.

It is noteworthy to remember that 51,296 new cases of covid were spread from December 26 through January 15 in Westchester County with a population of 1,004,000.

Nassau and Suffolk Counties with an anti-mask policy widely touted proudly by both County Executives, had a combined 169,751 cases from December 26 through January 15. Nassau County reported 89,514 during those three weeks, and Suffolk County, 80,237.

The Mid-Hudson region of 7 counties of 2.4 Million people total, according to the latest census. in those same three weeks December 26 through January 15 reported 127,257 Coviid Positives. The 2.4 million people in the 7 counties had 42,494 less covid positives than the two Long Island counties with 2,921,694 million peopled combined.

The 7 Mid-Hudson Counties have a total population in 2020 of 2,398,150 persons.

Nassau County has 1,395,774 population and Suffolk County 1,525,920 as of the 2020 census. (Previous figure was incorrect.., thank you, Cliff Blau for notifying me of the mistake.)

The first part of last nights order.

Comments are closed.