They cancel the mask mandate in New York, but there is controversy

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(CNN) --

A state judge struck down New York State's mask mandate on Monday, ruling that the governor and the state Department of Health did not have the authority to enact such a mandate without approval from the legislature.

Despite the ruling, the state Department of Education says schools "must continue to abide by the mask rule."

"SED understands that the Department of Health will appeal the Nassau County Supreme Court's decision, resulting in an automatic stay that will unambiguously reinstate the mask rule until such time as an appellate court issues a new ruling." The Department of Education said in a statement released by school districts across the state and shared with CNN affiliate WABC.

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The dispute marks another intrastate conflict between state officials and schools over mask mandates, one of several fault lines in the broad debate over civic obligations and freedoms in the Covid-19 pandemic.

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How New York's Mask Mandate Developed

The New York state legislature passed a bill in March that limits the governor's ability to issue emergency orders.

Then, as the number of coronavirus cases spiked in December, Gov. Kathy Hochul announced a temporary mask mandate that required New Yorkers to wear a mask in all indoor public spaces unless businesses implemented a vaccination requirement.

State Health Commissioner Dr. Mary Bassett issued a resolution consolidating the requirement.

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Despite criticism from some local officials, the measure was extended two weeks beyond its initial end date of January 15.

Violators face fines of up to $1,000 and other civil and criminal penalties.

However, in an opinion issued Monday, Nassau County Supreme Court Judge Thomas Rademaker argued that since New York was no longer in a state of emergency when the mask mandate was announced, the governor and the Health Commissioner did not have the additional authority to order such an injunction, adding that the injunction is now unenforceable.

"Although Commissioner Bassett and Governor Hochul's intentions appear to be well on their way to doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature," Rademaker wrote.

"Should the State Legislature, representative of and voted for by the citizens of New York, after publicly informed debate, decide to enact legislation requiring face coverings in schools and other public places, then the commissioner would be well based on rules duly enacted and enacted to supplement said laws.

The governor promises to fight against the sentence

Hochul said he is working to reverse the decision immediately.

"My responsibility as governor is to protect New Yorkers during this public health crisis, and these measures help prevent the spread of COVID-19 and save lives," she said in a statement Monday.

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"We strongly disagree with this ruling, and are seeking all options to reverse it immediately," he added.

Rademaker's decision concerned only whether the mandate had been properly enacted, he wrote.

"To be clear, this Court does not intend this decision to question or opine on the efficacy, necessity or requirement of masks as a means or tool to deal with the covid-19 virus," the judge wrote.

"This Court decides only the questions of whether the rule in question was properly enacted and, if so, whether it can be applied."

Nassau County Executive Bruce Blakeman, who took office this month, signed an executive order allowing school boards in densely populated Long Island County to determine whether schoolchildren should be required to wear masks.

Following the judge's ruling, Blakeman tweeted, "This is a huge win for students and parents."

CNN's Holly Yan contributed to this report.

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