Blakeman Order Allows Nassau Schools To End Mask Mandates

NASSAU COUNTY, NY — New Nassau County Executive Bruce Blakeman signed a trio of executive orders today related to the county's handling of the coronavirus. They will, among other things, allow school districts to end mask mandates if they choose.

Blakeman signed the orders Thursday morning on the steps of the Theodore Roosevelt Executive and Legislative Building to cheers from supporters. The most sweeping of the executive orders he signed will allow school districts to end the state's mask mandate, if the Board of Education of that district votes to do so. Blakeman said it would give the districts the right to end the mask mandate under the county's home rule authority.

"Our county is larger than nine states, and we don't need people in Albany telling us what we should be doing in Nassau County," Blakeman said.

However, the New York State Department of Education said that Blakeman does not have the authority to override the mask mandates.

"Counties do not have the legal authority to require boards of education to vote on specific issues," Betty Rosa, the state's commissioner of education, said in a statement. "School officers take an oath to obey all legal requirements. The State Education Department expects school boards will follow all legal requirements, including the face-covering regulation."

The other executive orders Blakeman signed are much less controversial: one would reopen the county's vaccination site at Nassau Community College to distribute vaccines and boosters to people who want them, and the other would provide KN-95 masks to teachers at no cost to schools. He also signed an executive order that removes the mask mandate for county employees. County workers can still wear masks, but they will no longer be required to when outdoors or indoors.

This latest wave of the coronavirus is still surging across Long Island. Some schools went to remote learning this week because too many staff and students were in isolation to open school buildings.

According to data from the state, Long Island's seven-day positivity rate on Wednesday was 26.76 percent — the highest in the state. There were 6,983 newly confirmed cases in Nassau County on Wednesday, which is a thousand more than there were on Tuesday — and which doesn't include people who use home tests and don't report their results to the state.

Blakeman also announced that Nassau County will double the distribution of free test kits this weekend. More than 160,000 test kits will be distributed this Saturday from 8:30 a.m. to 1 p.m. at TOBAY Beach and Eisenhower Park. The county is asking residents that live south of Hempstead Turnpike to go to TOBAY Beach and residents that live north of Hempstead Turnpike to visit the Eisenhower Park distribution site.

Blakeman said that his administration had heard from teachers that they wanted the KN-95 masks, which provide the best protection against COVID-19, if they were going to be teaching in person.

When asked if he was sending mixed messages — allowing schools to lift mask mandates while simultaneously providing masks for teachers — Blakeman said it was all one message.

"The message is: the wearing of masks is optional," said Blakeman. "If you're comfortable wearing a mask, you should wear a mask. And if you're not comfortable wearing a mask, you shouldn't have to."

The decision came under fire from many different people.

"Bruce Blakeman’s refusal to comply with the law mandating that masks be worn in schools gravely endangers children, teachers and our population’s most vulnerable," said Jay Jacobs, chairman of the Nassau County Democratic Committee. "This politically motivated directive will make school closures more likely, leaving middle and working class families unable to work or require them to pay for child care. School mask mandates must end, but now is certainly not the time."

Andy Pallotta, president of the New York State United Teachers union, also condemned Blakeman's decision.

“It’s unbelievable that nearly two years into the pandemic we have to debate the critical importance of mask wearing as part of a layered COVID-19 mitigation strategy in schools," he said in a statement. "Particularly given the current spike in cases, now is not the time to do away with mask wearing in schools. Public health experts have been unequivocally clear that masks are an important part of the strategies designed to keep students, educators and our communities safe. And the governor was clear this afternoon that state law prevails in this matter. We continue to support the state’s mask guidance for schools and call on all districts to continue following these guidelines.”

“When ideology trumps science and politics are prioritized over the common good of society, our most vulnerable residents stand to suffer the most,” William Biamonte, chief of staff for the Nassau County Legislature’s Minority Caucus, said. “County Executive Blakeman can say that ‘Nassau is normal again' all he wants, but as Omicron continues to spread like wildfire and hospitalize more children than any other COVID variant to date, this is a recipe for disaster.”

Blakeman also reiterated that he would not be enforcing Gov. Kathy Hochul's mask mandate for businesses.

"We have a great police department...they have far more important things to do than chase people around and see if they're wearing masks," Blakeman said. He also said he instructed the Fire Marshal's office to not enforce the mandate.