New York’s mask mandate for businesses finally came to an end this week. On Wednesday, Gov. Hochul lifted an Executive Order requiring masks to be worn indoors for some places, but she has kept the requirement in place for children in schools. There does not appear to be any scientific explanation for the discrepancy despite her continued insistence she is relying on objective data.

Lifting the state’s indoor mask mandate in any capacity is welcome news, and makes sense considering the Supreme Court in New York has ruled the mandate as an improper overreach of executive power. New York is no longer in a state of emergency, and as such the governor’s powers simply do not necessitate sweeping unilateral action. But why are school kids still required to wear masks while shoppers are not? Something isn’t adding up.

What’s most troubling is the fact that there does not appear to be an end in sight for the school mask mandate and it remains unclear what metrics the administration is using to make its evaluations. During this week’s budget hearing, Health Commissioner Mary Bassett was unable to provide an answer or estimate when questioned when the school mandate might end. When pressed for details she responded, “We’re watching the numbers and don’t have a date for you.” As states across the country roll back their own mask mandates, “watching numbers” simply isn’t enough for New York’s students and parents.

Further, the governor is planning to make a number of temporary, expiring emergency regulations permanent without legislative approval. This is essentially lawmaking by executive order and flies in the face of basic constitutional separation of powers. I joined my colleagues in the Assembly Minority Conference in writing a letter expressing those concerns. If Gov. Hochul and her commissioners want to create new laws, they should send bills to the Legislature for proper consideration. The regulations in question are of significant consequence, too. Included in these proposals are measures that would: 

• Require hospitals and health care providers to ensure all workers are fully vaccinated as a condition of employment;
• Give the health commissioner the authority to implement mask requirements for all New Yorkers over the age of 2; and
• Allow the department of health and local health departments to issue isolation and quarantine orders for individuals who have been diagnosed or exposed to a highly-contagious communicable disease.

As we’ve witnessed before, New Yorkers lose out when any one arm of the government attempts to operate without the others. Gov. Hochul has shown too frequently her propensity to disregard the Legislature and dictate the state’s COVID-19 response unilaterally. This isn’t a productive way to govern. Our Conference, the state Supreme Court and countless others recognize that and it’s about time the governor does as well.

If you have any questions or comments on this or any other state issue, or if you would like to be added to my mailing list or receive my newsletter, please contact my office. My office can be reached by mail at 19 Canalview Mall, Fulton, NY 13069 and by email at barclayw@nyassembly.gov.