The judge stressed that in addition to the unconstitutional nature of the guidelines, there is also no scientific basis for them.
“Respondents offered no scientific data or expert testimony why Rule 2.13 was a necessary response to combat COVID-19, but instead contend only that it would provide a quick and nimble approach to combating the pandemic,” wrote Ploetz. “Nevertheless, during oral argument of this matter, at a time when we hope that the worst of the pandemic is behind us, counsel for the Respondents were unable to cite any instance where the procedure set forth in Rule 2.13 was actually utilized.”
Governor Hochul was vowed to appeal the ruling. “We feel very confident that if we appeal this, we will be successful,” Hochul told reporters on Tuesday.
The ruling comes as a number of municipalities — including Los Angeles County — are considering the reintroduction of mask and vaccine mandates.