New York state mandate in place until March 2, as appeal continues

The ongoing mask debate will linger for another month, after Monday’s appellate court ruling that Gov. Kathy Hochul’s mask mandate for indoor places such as businesses, stores and schools will remain in place until at least March 2.

“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,” Hochul said in a statement.

The wearing of masks became more controversial last month, when Nassau County Executive Bruce Blakeman signed executive orders lifting the mask mandate for all county agencies and in public places in the county, and directing school boards to vote on whether to require masks in schools.

That triggered legal action, and on Jan. 24, Nassau County State Supreme Court Judge Thomas Rademaker lifted the state’s mask order. The state appealed, and a stay was issued the following day later. Arguments in the Appellate Court began again on Jan. 28.

Hochul had extended the mask mandate for most public places to Feb. 10, and to Feb. 21 for schools. The directive is expected to be reassessed every two weeks. As of the press time, Covid-19 indicators were improving, but lifting the regulation remains unwarranted, according to the governor.

“Covid cases are down 86 percent statewide, yet the governor refuses to even tell residents, business owners, parents, students and school boards what metric must be reached to lift her unconstitutional mandate,” Blakeman said at a news conference on Tuesday. “The governor should adhere to the law, follow the science and allow local officials to decide what is best for their hometown communities. Nassau is not in crisis, and shouldn’t be painted with the same broad brush as the rest of New York state.” 

“I believe that mask wearing at school should not be optional,” Lawrence High School senior Youry Tundidor wrote in an email to the Herald. “Though high school students are much less likely to be significantly affected by the virus, there are teachers, administrators, and staff that may be at a higher risk of contracting life-threatening symptoms. Out of respect and compassion for high-risk individuals, I firmly believe that masks should be kept on for the time being.” 

With no declared state of emergency, Rademaker ruled that the state did not have the authority to order mask-wearing in public places. Hochul needed to seek permission from the State Legislature to enact a state mandate, which she did not do, Rademaker noted.

“I believe that masks are important to keep students safe at school,” Hewlett High junior Hiral Chavre wrote in an email to the Herald. “I feel much more comfortable when my peers are wearing their masks properly and don’t have that nagging fear of Covid transmission. If masks were not mandated, I would feel unsafe attending school out of fear of contracting the virus. By wearing masks, we are protecting ourselves and others.”

Mask-wearing has come under fire from those who question its effectiveness in helping to keep people from contracting Covid-19, including the current dominant Omicron variant.

Dr. Mark Sicklick, a Cedarhurst allergist and immunologist, said that while masks, when worn properly, are a help in protecting someone from spreading the virus, the two best ways to fight Covid are vaccination, and contracting the virus and becoming naturally immunized.

“That is the optimal combo, but I’m not advocating going out and getting sick,” Sicklick said, adding that vaccinations and a booster are the best practical course of action, identical to what has been done over the years to fight measles, mumps and rubella.

When it comes to masks, Sicklick said that the risks outweigh the benefits for children between ages 2 and 5 in preschool, when the focus is their socialization, and forcing them to wear a mask could cause harm.

“I am not a fan of mandates for little kids,” he said, adding that the mask message has been “garbled.” Masks for pre-adolescents, teenagers and adults are fine, he said, and he wears one.

At public and private schools in the Five Towns, students and staff are masked. “As always, we wait and follow directives,” Lawrence Superintendent Dr. Ann Pedersen said. “Our students, staff and families have been incredibly supportive of one another during this very challenging time.”

The Hewlett-Woodmere School District is continuing its Covid-19 testing at the Woodmere Education Center, at 1 Johnson Ave., on Tuesdays from 4 to 8 p.m., Wednesdays from 8 to 11 a.m. and Thursdays from 1 to 5 p.m.

“I hope that the availability of home test kits and extended testing opportunities helps to keep your family health throughout the winter,” Superintendent Ralph Marino Jr. wrote in a letter to district residents.

Marino will hold a Superintendent's Roundtable on Tuesday, Feb. 8 from 7 to 8 p.m., at the Hewlett firehouse, 25 Franklin Ave., Hewlett. Mask wearing is required.