COVID-19 has left a bad mark on the words masks and mandates. Those two words will forever serve as a reminder of a dark, unpredictable time in our state. Last week, the commissioner of the Department of Health (DOH) declared the flu to be prevalent in the state, which triggered a mask mandate for unvaccinated health care workers. For many, it came as a shock that masks would be mandated in the year 2023. However, the real shock is the history of mask mandates being prevalent for over a decade in New York.

The current policy of the DOH has been effective since 2014. The policy requires masks for health care workers during heightened influenza seasons. The mandate supersedes all regulations and requires a mask to be worn by unvaccinated health care providers for the duration of the declaration. In the following years, several lawsuits arose due to authority overreach and work interference. They all shared similar arguments that the mask mandate impedes the daily functions of providing care to patients and oversteps boundaries.

The two most interesting lawsuits include personnel from the Office of Mental Health psychiatric centers and health care professionals in the union. Petitioners from the psychiatric centers asserted masks interfered with communication with patients and tailored plans. The president of the Public Employees Federation joined with nurses from the union, arguing DOH exceeded its authority and violated the separation of powers doctrine. They were both dismissed.

Before COVID-19, the health commissioner issued guidelines for the flu every year. Interestingly enough, there was nothing issued during the years 2020-2022, but that changed this year. We’ve all witnessed the dangerous precedent mask mandates create. They divide a community and dance on the thin line between government and personal control. Whether it be for religious, health or personal reasons, we have a shortage of health care workers and can’t afford to pile on more restrictions to push them away. They continue to put their health at risk to care for others and deserve to have their voices heard.

New York lost over 34,000 health care workers due to the COVID-19 mandates. We are facing a staff shortage epidemic. Government agencies should not have sole authority over our health care institutions. Every health care setting is unique. Enforcing a one-size-fits-all policy sets a dangerous precedent that opens the door for other challenges to civil liberties. We are grateful to be in a country that values personal freedom, and the moment we disregard our constitutional rights we jeopardize democracy. The DOH may argue mask regulations are aimed at identifying, isolating, and destroying the flu. Unfortunately, the reality is mask mandates on health care workers isolate them from their peers and destroy careers.