NPR reports the U.S. Justice Department is appealing the ruling by a federal judge that voided the mask mandate for public transportation.
DOJ spokesperson Anthony Coley said a notice of appeal had been filed in light of the determination by Centers for Disease Control and Prevention that wearing a mask “remains necessary to protect the public health.”
The CDC said it had asked the DOJ to appeal. The public health agency continues to recommend that people wear masks in all indoor public transportation settings and says “wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor.”
The Biden administration had previously insinuated that it might appeal the ruling by U.S. District Judge Kathryn Kimball Mizelle after checking with the CDC.
The department’s decision to appeal comes just two days after Mizelle ruled that the CDC had exceeded its authority and had failed to follow proper rule-making procedures.
After the judge’s ruling on Monday, many airlines ditched their requirements for passengers to wear masks while traveling.
New York state will still require masks on public transportation despite the ruling by Mizelle.
Governor Kathy Hochul made that announcement in a press conference in Syracuse, saying that because of omicron subvariants and rising cases in the state, it is necessary to maintain a mask mandate for buses and bus stations, trains and train stations, subways and subway stations and airports.
Masks will also be required in the following locations:
– State-regulated health care settings
– State-regulated adult care facilities and nursing homes
– Correctional facilities
– Homeless shelters
– Domestic violence shelters
According to Hochul, cases of COVID-19 are on the rise with an average of 40 cases per 100,000 people. She says there are around 1,400 people currently hospitalized with the virus across the state.
Despite the increase, the governor says the current cases are nowhere near where they were in January and she does not expect the current spike to reach that level.
In Chautauqua County, the County Health Department‘s weekly report for April 20 shows one person hospitalized and an increase in the 7-day average positivity rate to 3.8% from last week’s rate of 1.2%.
Wastewater monitoring levels in Jamestown and Dunkirk both remain unchanged from the previous week and reflect low levels of COVID-19.
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