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N.Y. sets new mask-or-vax mandate for restaurant guests and staff

The requirement, which applies to all indoor public businesses, is intended to temper a current surge in new COVID cases in some areas of the state.
Shutterstock photo of Gov. Hochul

Restaurants in New York state will have a choice starting Monday of either requiring dine-in customers and staff to wear face masks or mandating they show proof of vaccination against COVID-19, the upshot of a new emergency directive from Gov. Kathy Hochul.

The measure, which will remain in place until at least Jan. 15, is intended to temper a wintertime surge in coronavirus infections. It was issued by Hochul on Friday as many areas of the state were already suffering through a spike in new COVID cases.

Restaurants and other public indoor venues that ignore the requirement face a fine of up to $1,000 per infraction, along with civil and criminal penalties, the governor’s office said. The mandate will be enforced by local health departments.

"I have warned for weeks that additional steps could be necessary, and now we are at that point based upon three metrics: Increasing cases, reduced hospital capacity, and insufficient vaccination rates in certain areas," Hochul said in a statement. 

It also serves as a defense against the omicron variant of coronavirus, said Acting Health Commissioner Mary Bassett. Health experts have yet to determine what effect the mutation might have on public safety, but the expectation is that the version will be more infectious than the delta variant, currently the most common form of coronavirus. Early indications say that the omicron strain produces less severe symptoms than delta does.

The directive makes New York the first state in the nation to adopt a vax-or-mask safety protocol. Denver implemented a similar requirement on Nov. 24.

New York City restaurants have been dealing with a vaccination mandate for guests and staffs since mid-November. Customers and employees have the option under that requirement of getting tested weekly instead of being inoculated. Mayor Bill de Blasio recently announced that he was also ordering businesses to require all of their employees be vaccinated against COVID.

In announcing her new mandate, Hochul noted that 80% of New Yorkers have been fully vaccinated against COVID, one of the highest rates in the nation.

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