Wednesday, December 15, 2021

NY Gov. Hochul won’t require counties to comply with new Dec. 13 suggested mask mandate. It’s unlikely she has legal power to do so anyway since NY State Health Emergency officially ended on 6/24/21

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The end of NY State Health Emergency on June 24, 2021 also officially ended the governor’s authority to order statewide behavior such as safety protocols: The end of the emergency also means the end of [then Governor] Cuomo’s remaining executive powers which gave him the authority to make decisions about business closers and safety protocols.

That means local control resumes,” Mayor Bill de Blasio said….“The crisis, thank God, is passing. It’s time to restore normal democracy."The state of emergency was issued back in March 2020.”…6/24/21, CBS News New York, John Dias

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Added:

12/13/21, “New York Governor: Won’t Force Counties to Comply With Mask Mandate,” Epoch Times, Zachary Stieber

“New York’s governor said Monday that her administration will not seek to compel counties to comply with her new mask mandate, which took effect on Dec. 13.

“I do hope that the businesses will enforce this, and individuals will understand how important it is,” Gov. Kathy Hochul told reporters at a briefing in New York City.

“We have left it to the counties to enforce, so counties can choose not to enforce. But we hope counties are enforcing,” she added later.

Hochul, a Democrat who replaced Andrew Cuomo when he resigned earlier this year, on Friday [12/10] announced that masks would be required in all indoor public places unless the entities imposed vaccine mandates.

The measure started Dec. 13 and runs until Jan. 15, 2022.

Officials in multiple counties, though, are refusing to enforce the mask mandate.

“Governor Hochul derided the use of these types of measures just days ago. Now, we are back to Cuomo-era approaches. That is an unfortunate, and swift, switch of position by the governor,” Livingston County Board of Supervisors chair David LeFeber said in a statement.

Rockland County Executive Ed Day said enforcing the mandate would mean taking workers “who are vaccinating children and others right now with a life-saving vaccine” and have them “go walk around to different places to figure out whether people are masking up or not.”

“That would be utterly reckless on my part and I will not do that,” the Republican said.

Saratoga County Board of Supervisors Chairman Theodore T. Kusnierz, Jr. said in a statement on Monday that its public health department and law enforcement “will not enforce New York State’s misguided and unrealistic mask mandate.”

“Importantly, under no circumstances will the County enforce the harmful provision that bars school children from taking mask breaks, he also wrote.

Hochul was pressed on whether counties that don’t enforce the mandate will face repercussions. She indicated they will not, though she urged them to carry out enforcement….

Hochul said she would never order lockdowns but left open the possibility of extending the mask mandate.

“It’s a temporary measure, as long as people follow it,” she said.

Hochul, who was lieutenant governor before succeeding Cuomo, is running for a full term as governor. The 2022 New York gubernatorial election also features a slew of other candidates, including Democrat New York City Public Advocate Jumaane Williams, Reps. Tom Suozzi (D-N.Y.) and Lee Zeldin (R-N.Y.), and Rudy Giuliani’s son Andrew Giuliani.

New York City Mayor Bill de Blasio, a Democrat who has imposed some of the strictest mandates in the country, is also expected to announce a bid after leaving office due to term limits at the end of the year....

Hochul’s office did not respond to a request for comment.”

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Added: Gov. Hochul reiterates that it’s entirely up to counties if they wish to police indoor masks:

12/14/21, Gov. Hochul “also said there’s no legal requirement for the state to fund enforcement of her mandate, which carries fines of $1,000 per violation….Hochul acknowledged the opposition to her mask mandate order from local governments across the state.”…

[Gov. Hochul then says counties in the past “have always had to enforce public health requirements:"]

““Counties have always had to enforce public health requirements. That’s what they do,” she said.”

[Gov. Hochul moves on to the topic of individuals being asked to follow “regulations” and “laws.” But in this case there’s no “law” or “regulation” for individuals to follow unless a county decides there is, and no county is obligated to do so:]

““I encourage the counties to do this, but it’s also—this is also up to individuals. Individuals are asked to follow regulations and in general, follow laws. And that is what we’re continuing to do here.”“…12/14/21, “Kathy Hochul admits her controversial mask mandate ‘didn’t make a difference’ in NYC,” NY Post, R. Fenton, B. Hogan, B. Golding

 

 

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