On Jan. 24, Judge Thomas Rademaker struck down Gov. Kathy Hochul’s statewide mask mandate, writing in his decision that the New York State Health Department did not have the authority to enact such a mandate. He argued that the law “was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable.”

The mandate, which was enacted in early December to help combat the spread of the omicron variant, requires citizens to wear masks in indoor spaces where proof of vaccination is not required.

Following Rademakers’ ruling, Hochul and New York State Commissioner of Health Mary Bassett submitted an appeal of the decision. State Attorney General Letitia James jointly filed a motion to put the judges ruling on hold. After this and less than 24 hours after Rademakers’ ruling, an Appellate Court granted an interim stay on the ruling, allowing the mandate to stay in place while the decision is appealed to an upper court.

Rademaker showed a startling lack of foresight by striking down Hochul’s mask mandate. He not only helped promote the belief that mask wearing is a “personal choice,” but also prevented Kathy Hochul and the state’s health departments from maintaining a crucial tool in helping to fight the spread of the virus.

Omicron is still surging across the country. The highest 7-day average of new cases was recorded at 805,902 barely one month ago on Jan. 15. The omicron variant is also still the most transmissible form of COVID-19 up to this point and makes up almost 99% of total current cases.

Almost two years into the pandemic, it is well known that masks are effective at preventing the spread of COVID-19. Masking shouldn’t be a political issue — lawmakers should be united behind universal masking. But they bicker relentlessly about the issue. This disconnect has spread from the halls of government out into the streets, ensuring that mask wearing will be a central issue in the upcoming elections.

Rademakers decision to strike down Hochul’s mask mandate was irresponsible. By striking it down in the name of “government overreach” less than a week before it was set to expire he sets a dangerous precedent. Instead of upholding the mandate or simply letting it expire, he helped codify the belief that wearing a mask is a personal choice and something the government has no business regulating.

His actions also turn the simple action of masking, which is meant to be for the collective good, into a political lightning rod, taking individuals who refuse to wear masks and turning them into martyrs in the name of “freedom.”

Evan Butow is a sophomore magazine, news and digital journalism major. His column appears biweekly. He can be reached at enbutow@syr.edu.

Published on February 7, 2022 at 1:25 am