Justice Thomas Rademaker has ruled Governor Hochul’s school mask mandate ILLEGAL and UNCONSTITUIONAL throughout New York State.
According to a court document, Judge Thomas Rademaker said that neither the governor nor the state health commissioner had the authority to enact the mandate without the state legislature, since the governor no longer has emergency powers.
Ohio passed a similar law last March When they passed SB22, which limited not only the governor but state agency’s like colleges and universities.
In the document Judge Rademaker makes it clear he supports masks, even a Judge who is biased to like masks understands the illegality and grave human rights violations mandating masks cause. Judge Thomas Rademaker also said the illegal mask mandate is violating NY constitutional principles by PATENTLY CAUSING IRREPARABLE HARM. So he also understands the risks and harms of masks and admits they are obvious and provable.
Our lawsuit against Ohio University also seeks an injuction for similar reasons. If a state’s Governor can not issue and enforce a mask mandate in schools without legislature approval surely an un-elected state owned agency like Ohio University does not have that authority.
The full ruling is below: