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When news broke yesterday that the New York Supreme Court ruled against face mask mandates for students, the vast majority of people other than teachers and Governor Kathy Hochul’s office rejoiced. But the victory was short lived as the New York State Education Department sent a memo to all school districts essentially telling them to ignore the court and keep slave masks on the kids.
Some districts have indicated they’re recognizing the Supreme Court decision, but most have followed the guidance of the state education department.
Here’s the memo:
“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.”
Sadly, very few in media have talked about this outside of local outlets. This is a clear dismissal by the Hochul regime of the decision made by the highest court in the state. Such actions will not go unnoticed, especially when new lawsuits arise as a result. But for now, their defiance is keeping face diapers on children in New York.
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Weird why the SED would feel the need to comment at all, except to openly defy the court. If there is indeed an imminent automatic stay coming, then wait for it to take effect before issuing a statement. Until then the mask rule is not legally in effect, no matter how much they don’t like it.
In New York state, the ‘supreme court’ is merely an appellate court and not the highest court in the state like it is everywhere else. The Court of Appeals is the highest court in New York. Therefore this ruling will be appealed to the Court of Appeals and be determined there.
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NO! Dang it, Children NEED to breathe! Oxygen feeds the brain!