NY schools told to keep masks after judge overturns mandate

New York state education officials told school administrators to continue enforcing the state's mask mandate for students and teachers Tuesday despite a judge's ruling overturning it, causing confusion as some districts rushed to make masks optional.

The Education Department said the state had filed notice that it would appeal Monday's ruling by a judge on Long Island, a step that could keep the rule in place at least until its planned expiration Feb. 1.

“While these legal steps occur, it is NYSED’s position that schools should continue to follow the mask rule,” said department spokesperson Emily DeSantis.

But in some districts, administrators immediately made masking optional for students and staff.

“While it is certain this decision will face legal challenges, until otherwise litigated, mask wearing will be optional for students and staff in the Massapequa Schools beginning Tuesday," the Massapequa School District, in the New York City suburbs of Long Island, said on its website.

Ruling in a case brought by a group of parents, judge Thomas Rademaker said the governor and state health commissioner didn’t have authority to issue a mask mandate without legislative approval.

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.

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

“We’re appealing last night’s decision that struck down the mask mandate in New York. We will continue to do everything in our power to protect New Yorkers from #COVID19,” James, a Democrat, tweeted Tuesday morning.

The state had initially instituted a mandate in April 2020 that required people to wear masks in most indoor settings outside their home,....