For the past couple of weeks, we have watched state and local officials across the country begin to unravel the strict indoor mask mandates that have governed to date during this COVID-19 pandemic – for most places, these restrictions have been in place for 18 months already. Although we recently (just two weeks ago) highlighted a Nassau County Supreme Court’s ruling, striking down the New York State mask mandate, and saw a quick response by the Appellate Division to stay the dismantling of mask mandates pending further proceedings, it appears that states are more eager now to loosen the mask restrictions in light of a significant downswing of COVID cases and hospitalizations.
In New York, Gov. Hochul lifted the vaccine-or-mask requirement for indoor businesses last week. However, local government and businesses can still require masks to be worn in certain indoor settings as well. The mask requirements in schools, public transportation, correctional facilities, homeless shelters, and health care settings will remain unchanged and in place, with further evaluation to take place in early March as to school settings. This reevaluation could be sparked by the action taken by other Governors, such as Governor Murphy of New Jersey, to lift the mask mandate entirely in schools in early March.
In New Jersey, Gov. Murphy has already set a plan in motion to lift mask mandates for students and employees in schools and childcare settings beginning on March 7, 2022. While districts will still be able to require masking to control any additional infections or spikes in cases, masks will not otherwise be required unless the district keeps the mandate in place, which is permissible. Also, parents can opt to have their children wear masks during their school day. Certain municipalities will continue to enforce mask mandates for indoor businesses, notwithstanding the Governor’s action. Masks will also continue to be required on mass transit and in most state and federal buildings. As for sporting events, private venues can determine whether masks are required and if proof of vaccination is also required in order for admission.
With any regulation that we have seen over the past 2 years since the COVID-19 pandemic began, each of these requirements and regulations will be subject to further review and revision. What we hope is that we can continue to provide updates based on new information that becomes available. As we have previously mentioned in our prior blogs, it is important to evaluate the local and state action to determine whether you are subject to the requirements or subject to the unraveling of these mask mandates as well. It is important to reach out to your local officials and school officials to understand what compliance looks like for you in this ever-evolving and ever-changing space.
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship.
