WILLIAMSVILLE, N.Y. — Lawyers for Christian Central Academy in Williamsville confirm to 2 On Your Side that a preliminary injunction was not granted by a judge in the school's legal challenge to the mask mandate in schools.
The school is fighting the state-ordered mask mandate in court, saying it should be up to parents to decide whether their child wears a face mask while at school.
Attorney Todd J. Aldinger filed a lawsuit on Tuesday, September 7, against the New York State Department of Health and Governor Kathy Hochul.
“Like in many of the COVID-19 cases I have previously litigated, this case concerns the Executive Branch attempting to unilaterally issue COVID-19 regulations without a statutory basis. I am hopeful that the Court will recognize that our democracy and constitutional form of government requires that the Legislature actually votes on and passes authorizing legislation before the Executive Branch takes action, ” Attorney Aldinger said.
A hearing has now been scheduled for October 1 to hear more arguments before ruling on the school's petition.