Mask Mandate Confusion: What’s the Deal?

The mask mandate that has been in place since the return to in-person learning in Sept. 2020 has remained in effect for the 2021-22 school year. The mandate called for all students, staff, and visitors to wear masks at all times throughout the day when indoors, regardless of vaccination status. Some people were optimistic that as vaccinations became widely available and the number of cases of COVID-19 declined, the mask mandate would be lifted. However, in December of 2021, the Omicron variant surged, which led to record levels of positive cases in New York; the state issued an order requiring masks in places like schools, health care facilities, public transportation, and any indoor public area where vaccination was not required for entry. 

The New York mask mandate was put in place by Governor Kathy Hochul. Hochul shared her rationale for the mandate in a statement titled “Governor Hochul Announces Major Action to Address Winter Surge and Prevent Business Disruption as COVID-19 Cases and Hospitalizations Rise Statewide” on New York State’s official government website (governor.ny.gov).

 “As Governor, my two top priorities are to protect the health of New Yorkers and to protect the health of our economy,” Hochul said in the statement. “The temporary measures I am taking today will help accomplish this through the holiday season.” 

The mandate was originally put into place until Jan. 15, at which point, the state would then reassess the infection rates and state of the virus in order to make a decision regarding a second mandate. When it came time for them to reassess the mandate, Governor Hochul decided to extend the mandate to Feb. 1,  and then once again to Feb. 10. This mandate was extended under an emergency order, which meant it did not get passed through the state legislature. 

According to a Jan. 25 US News and World Report article titled “Judge Temporarily Restores New York’s Mask Mandate,” on Jan. 24, a State Supreme Court Judge Thomas Rademaker declared that the mask mandate was unconstitutional. Rademaker stated Hochul did not have the authority as governor to put forth a mask mandate, additionally arguing that mandates must be passed through, and approved by, the state legislature. However, as reported in the same article, an appeals judge restored New York State’s mask mandate, with Appellate Division Justice Robert Miller granting the state’s request to keep the mask mandate in place while an appeal is ongoing.

Throughout the end of January, there was significant confusion throughout schools on Long Island as to whether mask wearing could be enforced or not. At 11 p.m. on Jan. 24, 2022, the Lynbrook School District sent an email to all parents noting that the district’s legal counsel advised there would be no enforcement of mask wearing in the Lynbrook schools ahead of an appeal of the Nassau County Supreme Court’s ruling. However, the following morning, Jan. 25, the district sent another email noting that as an appeal had been filed overnight, and mask wearing would continue to be enforced.

Later that same week, on Jan. 27, the Lynbrook Board of Education (BOE) sent a letter to Hochul asking for a greater understanding of the parameters and metrics the governor was using to determine potential adjustments in current COVID restrictions.

Some opponents of mask mandates feel they are a violation of individual rights. As noted by Senate Republican Leader Rob Ortt in the US News and World Report article, “We are two years into this pandemic, and it’s absurd that the administration is still ruling by mandates – which continue to cause confusion, frustration and division among New Yorkers.”

Some proponents believe masks are critical to keep students and staff safe. As noted by New York Attorney General Leticia James in US News and World Report, “Nearly three years into the COVID-19 pandemic, we know that wearing a mask saves lives. This mandate and today’s decision are critical in helping to stop the spread of this virus and protect individuals young and old.”

Sophomore Grace Loiselle said she also supports the mask mandate:“Masks are effective in keeping school open therefore I believe everyone should be wearing them.” 

Sophomore Mae Dooling agreed with Loiselle. “I think we should be wearing masks because although infection rates might be dropping, the virus still exists,” Dooling said. “Many people in our school are unvaccinated, and because of that it is necessary for masks to remain mandatory.”

On Jan. 31, an appellate panel of judges ruled New York’s mask mandate would remain in effect while the state’s appeal is ongoing, and masks remain mandatory in Lynbrook schools until further notice.