January 25, 2022
Dear School Community:
As you may know, late on Monday, January 24, a Nassau County New York State Supreme Court judge struck down New York state’s mask mandate. While the judge did not disagree with the mask mandate itself, the judge ruled Governor Hochul and the New York State Department of Health (NYSDOH) did not have the authority to enact such a mandate without approval from the state legislature because New York state was no longer under a state of emergency when the mask mandate was announced. 
The judge ruled/wrote, in part:
"While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is the right to protect the citizens of New York State, they must take their case to the State Legislature… Should the State Legislature, representative of and voted into office by the citizens of New York, after publicly informed debate, decide to enact laws requiring face coverings in schools and other public places then the Commissioner would likely be well grounded in properly promulgated and enacted rules to supplement such laws… To be clear, this Court does not intend this decision in any way to question or otherwise opine on the efficacy, need, or requirement of masks as a means or tool in dealing with the COVID-19 virus… This Court decides only the issues of whether the subject rule was properly enacted and if so whether same can be enforced.”
According to the New York State Education Department (NYSED), since the NYSDOH is appealing the ruling, “an automatic stay will unambiguously restore the mask rule until such time as an appellate court issues a further ruling.” This position has been reinforced by the district’s attorneys, who have advised the district to follow the NYSED’s counsel. The Nassau County Supreme Court decision (Demetriou et al. v. NYS Department of Health) also conflicts with an Albany County Supreme Court decision, which recently upheld the mask mandate (Massapequa UFSD et al. v. Hochul et al.).
While awaiting the outcome of the NYSDOH’s appeal, the Westmoreland Central School District’s mask policy remains in effect, per the counsel provided to the district noted above.
The Westmoreland Central School District will continue to monitor court proceedings and will be prepared to revise protocols based on the outcomes.
Sincerely,
Rocco Migliori
Superintendent of Schools