WILLIAMSVILLE, N.Y. — Late September, a New York State Supreme Court judge denied requests from Christian Central Academy in a lawsuit seeking injunction on COVID-19 regulations from state and county.
Judge E. Jeanette Ogden found that “the Erie County health order for masking complies with the state health order for masking in schools” and that “the state and county can also impose regulations for the safety of students in public and private schools.”
The decision, which denied all eight of the academy's requests also stated, "the petitioner is not exempt from following state health guidance or regulations. The masking guidance promulgated by the state respondents and the Erie County respondents is in line with the CDC guidance for children in a school setting, and is authorized by section 308 subdivisions D and E.”
It further stated that local entities are allowed to enact laws as long as they comply with the minimum standard in the health code according to Public Health Law section 228. The decision stated Erie County health order was in fact compliant with state health orders for masking in schools.
"The complete dismissal of this lawsuit, as well as others COVID-related lawsuits that have been dismissed recently, is a vindication of the life-saving efforts of my administration," said Erie County Executive Mark C. Poloncarz.
"I thank Judge Ogden for her well-reasoned, deliberate and point-by-point decision that was based on long-standing legal precedent. Public health is a serious responsibility and we all have a role to play in defeating the COVID-19 pandemic. Having my administration’s approach to winning this battle affirmed by Judge Ogden shows once again that we are doing the right thing for Erie County.”
Both the Coalition of Clarence Parents and the Coalition of Grand Island Parents brought forward similar actions, but were either voluntarily discontinued or withdrawn.