Q&A: Masks are (mostly) back in New York. What's next for Gov. Kathy Hochul's mandate?

Gov. Kathy Hochul's indoor mask mandate is back, for now, as New York courts decide its fate. Hochul on Friday extended the indoor business mandate until Feb. 10. It will be reviewed every two weeks, the governor said, to decide on further extensions.

For schools, an indoor mask mandate is in effect until Feb. 21, unless the courts or Hochul make a change first.

Meanwhile, businesses and county officials are again figuring out enforcement – or not. A state Supreme Court judge yanked the regulations Monday, but by Tuesday, a higher court judge issued a "stay," allowing the mandate to stand until the courts figure out its future. A state Appellate Court justice held a procedural hearing Friday morning.

Rockland County spokesman John Lyon said Wednesday that even with the court's stay, the local health department has "paused" its efforts to ensure local businesses understand the state's mask requirements while the court challenge continues.

Businesses, from grocery stores to bars, have had to balance reminding patrons to wear masks with worker concerns about pushback. Stefanie Shuman, external communications manager for Stop & Shop grocery stores, said Thursday that stores continued to require all customers, associates, and vendors, regardless of vaccination status, to wear a mask while in our stores.

"Regarding enforcement, we will not ask our associates to put their safety at risk by confronting customers about wearing masks," Shuman said, "and we appreciate the cooperation of everyone inside our stores with this state mandate."

The Rochester City School District was one of many districts that remained steadfast on their mask requirements even when the rules were technically scrapped by the court. "Wearing a mask that covers your nose, mouth, and chin is a requirement for all students, staff, and visitors in the RCSD," a notice on the district website said Tuesday and Wednesday.

Here's what you need to know about where things stand with the statewide mask mandate.

More on mandate in court: New York's mask mandate still alive; judge issues stay on decision throwing it out

Mandate enforcement: New York mask mandate in effect, but some counties won’t enforce it. What to know.

What did New York's original mask mandates cover?

Hochul's masking rules started last month amid the omicron surge.

As of Dec. 13, 2021, businesses, restaurants and other public spaces have had to require masks indoors or proof of full vaccination against COVID.

The mandate allowed penalties, including a maximum fine of $1,000 for each violation, according to the governor’s office. Westchester County Executive George Latimer said Wednesday that he doesn't believe his health department has had to issue a single fine.

Schools were already following indoor masking requirements for students, faculty and staff set by the state Health Department at the start of the school year.

What happened with New York's mask mandate in court?

A Supreme Court judge in Nassau County had ruled Monday that the state Health Department's order, which allowed Hochul's mask mandate, was unlawful.

That decision is being challenged by state Attorney General Letitia James.

On Tuesday, Justice Robert J. Miller of the Appellate Court, Second Division, granted a stay.

Miller had scheduled a procedural hearing on Friday.

Whatever happens at the Appellate level, court challenges on the mask mandate could continue.

"What I think this has turned into is the argument over the concept of a mandate from people who are conservative," said Latimer, a self-described progressive Democrat. "This is an ideological and political reaction ... from people who really object to the fact that COVID isn't just ignored and we go back to our lives."

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So what's next for the mask mandate?

Hochul announced Friday during a weather briefing on Long Island that the indoor mask mandate was extended through Feb. 10, despite a "little blip," referring to the ongoing court challenge. She lauded New York State Attorney General Letitia James for challenging the earlier state Supreme Court ruling, which brought a stay in that decision.

"Let's continue to wear a mask," Hochul said Friday. "The ones that make a difference, the N95."

The governor then referred to an upcoming federal free mask distribution that is due to start in New York any day. Masks will be given out at pharmacies and other locations where COVID vaccinations and boosters are available. Locations can found at vaccines.gov.

The challenge comes as COVID cases are quickly dropping.

Hochul reported Friday that the state's seven-day positivity rate was 6.15%. Case counts, she said, are coming down rapidly. On Wednesday, that positivity rate – which is the percentage of COVID tests that showed a positive result for the virus – was 9.1%. On Jan. 7, the statewide positivity rate topped 22%.

Latimer said that as cases drop – and hospitalization rates decrease, especially in areas with high vaccination rates – there will be less need for mask mandates.

What have local officials been saying about the mandate?

When Hochul announced a new round of masking rules, several Republican county executives around the state blasted the mandate and said their county health departments wouldn't enforce it.

County leaders said they didn't have the money or staff as local health departments were stretched thin during the pandemic. Some said they believed vaccination efforts took precedence.

Rockland County Executive Ed Day went on FOX Business on Dec. 14 and called Hochul's policy tone deaf. Day, a Republican, said local governments weren't consulted and the decision was ripped from the "failed playbook of a predecessor," referring to former Gov. Andrew Cuomo.

Then in early January, Day announced that Rockland's health department would ramp up indoor mask compliance efforts after the county applied for $1 million in state grants. He said the money would help cover staffing costs for vaccination efforts and mask-or-vaccine mandate enforcement.

After Monday's Supreme Court ruling but before Tuesday afternoon's stay, Rockland officials said those mask education efforts were on hold.

What's the latest on masks in schools?

School districts across the state reacted differently to Monday's decision.

A few, including on Long Island where the court challenge started, had allowed optional mask use on Tuesday.

But most followed the advice of the New York State Education Department that the mask rules should remain in place as a stay was expected.

In Clarkstown, parents reported on Tuesday that they were being called to school to pick up children who weren't wearing masks.

By Tuesday night, most districts were sending notes to their communities saying that the mandate was still in place because of the Appellate Court's stay.

New Rochelle was among school districts that initially said Tuesday they didn't have authority to mandate masks, but asked for continued compliance. By late Tuesday, district said masks were again required indoors.

"We have heard from many community members regarding masking in schools, and we recognize and respect each personal position," said a New Rochelle district statement posted late Tuesday. "However, the court-ordered stay means that the masking policy remains in force and effect."

The statement added: "This guidance may change again quickly."

Staff writer Gary Stern contributed to this report.

Nancy Cutler writes about People & Policy. Click here for her latest stories. Follow her on Twitter at @nancyrockland.

This article originally appeared on Rockland/Westchester Journal News: NY indoor mask mandate back for now but what's next