Marie Farrell, et al. v. Kathleen Hochul, Governor of New York, et al.
SocialSecurity DueProcess JusticiabilityDoctri
Whether the State Executive's promulgation of a statewide school mask mandate that conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415(j) satisfies the requirements for a preliminary injunction, including likelihood of success on the merits, irreparable harm, and the public interest
QUESTION PRESENTED FOR REVIEW Where the State Executive utilizes its executive agencies (i.e. the New York State Department of Health) to promulgate a law, namely, the State-wide school mask mandate, that directly conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415G), have Petitioners shown (1) a likelihood of success on the merits, (2) irreparable harm, and (8) that an injunction is in the public interest? ii LIST OF ALL PARTIES Marie Farrell, individually, and all others similarly situated and on behalf of E.F., a student of New York City, and all others similarly situated, Patrick Donohue, individually, and all others similarly situated, and on behalf of S.J.D., a student with disabilities, and all others similarly situated, Angela Nolan, individually, and all others similarly situated and on behalf of S.N., a student with disabilities in New York State, and all others similarly situated, Petitioners, v. Kathleen Hochul, in her official capacity as Governor of New York, Eric Adams, in his official capacity as the Mayor of New York City, Howard Zucker, in his official capacity as the New York State Commissioner of Health, Betty Rosa, in her official capacity as the New York State Commissioner of Education, Lester Young, Jr., New York State Board of Regents, Meisha Porter, in her official capacity as the Chancellor of New York City Department of Education, Dave Chokshi, n his official capacity as Commissioner of New York City Department of Health, New York Department of Health, New York Department of Education, New York Board of Regents, New York City Department of Education, New York City Department of Health, Respondents.