Protest and Lawsuits
NYC Parents and Activists will be protesting against the toddler mask mandates in front of City Hall on Monday, April 3 starting at 3pm. Join them to make sure Mayor Adams hears you loud and clear!
Get info on the protest here – https://twitter.com/nyfreedomrally/status/1509872004635283482?s=20&t=TywJjY4NTipfvvVYHQ0nvQ
Below is a media release from the parents’ attorney Michael Chessa who will be at the protest in front of City Hall Monday and will be speaking. – mk
Media Advisory on Lawsuit and Attorney
On March 4, 2022, Mayor Adams, through the DOH, finally lifted the mask mandate for school-aged children K-12. However, incredibly, he chose to continue to force children aged 2 to 4 years old to be masked while at daycares and pre-K schools. This arbitrary, capricious and unreasonable policy must be stopped.
On March 10, 2022, the Law Offices of Michael Chessa PLLC brought a lawsuit on behalf of concerned parents against New York City, the Mayor and the Department of Health, by challenging the constitutionality of the toddler mask mandates. This past Friday, April 1, at the Supreme Court of Richmond County, after oral arguments by Mr. Chessa and the City, Judge Ralph Porzio issued a decision in favor of the parents who brought the suit. His decision struck down the mandates as arbitrary, capricious and unreasonable. The power to decide what is best for their children was given back to the parents of NYC.
However that same day the City filed an appeal, which was expected, but they also filed for an emergency stay of Judge Porzio’s decision. The City claimed that irreparable harm to NYC would ensue if children aged 2-4 were allowed to choose to mask or not on Monday morning. The request for the emergency stay was heard in the Appellate Division, Second Department late Friday afternoon, and was granted in the City’s favor. In essence this means that Judge Porzio’s decision was reversed and the City would be able to force toddlers to wear masks come Monday morning.
Submissions on the emergency stay by Mr. Chessa, are due on April 11. The Appellate division will issue a decision soon after that and schedule dates for the full appeal to be argued and decided at that time.
Attorney Michael Chessa
Michael Chessa has been a Brooklyn resident for more than 20 years. He is a trial attorney and a father of three children, ages 15, 3 and 2. A former NYC public school teacher, his law career first started as a prosecutor at the Brooklyn DA. After leaving the DA he joined a personal injury law firm. For the past three years he has been working as a trial attorney focusing on criminal defense and tort law including civil rights.