NY State Supreme Court Ruling Regarding Mask Mandate
Middle Country Staff, Students, and Community Members,
We are aware of the latest news regarding the Supreme Court Decision and the mask mandate. Currently, we are awaiting official notification from the Governor’s office, as well as from our attorneys, on what we will be able to do. Right now, we have no authority to remove the mask mandate and expect all students and staff to continue to wear masks while in our schools.
We thank you for your patience. We are hopeful that within the next two days we will have clear guidance. As soon as we receive more information, we will let you know.
Update 1/24/2002 8:20pm:
From: NYSED
Date: January 24, 2022 at 8:20:19 PM EST
Subject: Nassau County Mask Ruling - Demetriou et al. v. New York State Dep’t of Health et al.
The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep’t of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al.
It is SED’s understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule.