Fri Sep 3, 2021 – 6:40 am EDTFri Sep 3, 2021 – 5:56 am EDT
(Children’s Health Defense) – The New York State Department of Health (NYSDOH) on Aug. 27 repealed an emergency mask mandate after a lawsuit was filed Aug. 5 in federal court challenging the regulation.
The lawsuit was brought by William Ouweleen, vintner for the oldest dedicated sacramental winery in America. Ouweleen challenged the constitutionality of the NYSDOH regulation 10 NYCRR 66-3, which required unvaccinated people to wear masks while vaccinated people could go mask-free.
Prior to filing the lawsuit, Ouweleen was twice cited by patrons of the winery for not wearing a mask, and was informed by the local health department he could be fined or closed down, or both, if additional complaints were received.
In the complaint, Ouweleen alleged the regulation violated his constitutional rights and was not justified by science, citing confirmation by the Centers for Disease Control and Prevention that vaccination does not prevent transmission of SARS CoV-2.
In addition to challenging the mandates on equal protection grounds, the suit challenged mask mandates in general.
Attorney Sujata Gibson filed the complaint on behalf of Ouweleen. Children’s Health Defense (CHD) supported the lawsuit.
“There is simply no reason to issue
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