Lawsuits continue over masks in schools

"The left hand doesn't know what the right is doing," says attorney Corey Hoga

Buffalo, NY As one school year comes to an end, there appears to be a new court fight over masks in schools.

A new lawsuit claims the state health department issued a mandate improperly, making an end run around getting public input.

Attorney Corey Hogan is representing parents pushing back against the state health department's latest adoption of emergency regulations that mandate continued use of face masks in schools despite the recent expiration of the Governor’s COVID-19 State of Emergency. Hogan says "It is time for children in New York to return to normal life, and many parents are understandably concerned that the minimal benefits of mask use are far outweighed by risks to children’s physical and mental health."

Hogan says the governor ended COVID emergency orders June 23rd, "the health department filed this so-called administrative procedure act the process of adopting mask requirements still applying for pre-k through 12th grade." He says the department improperly used the emergency procedure, rather than going through the process it should follow. "People have an opportunity to comment on what they should do. In that case, our population would give lots of reasons why this wouldn't make sense," explains Hogan

Hogan says "it seems that the left hand doesn't know what the right is doing" in Albany.

"I know the governor indicated the state would maintain the federal government's mask requirements, but federal government doesn't require masks anywhere. They make recommendations for all 50 states, based on what each state is going through."

Hogan says he's optimistic the court will agree with him and his clients. If not, Hogan says he will consider other avenues, including federal courts.


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