State Assemblyman Andrew Goodell is questioning Gov. Kathy Hochul’s ability to impose New York state’s latest face mask mandate.

The Jamestown Republican said under the New York State Constitution, only the state Legislature can enact laws.

“The governor cannot issue executive orders with the force of law by criminal and civil sanctions without any public hearings or compliance with any of the Constitutional requirements that involve the legislature enacting legislation,” he said. “Only dictators have the authority to issue laws with criminal sanctions without the input or by bypassing a duly elected legislature. Think about that from a democracy point of view. The legislature didn’t authorize criminal sanctions if people don’t wear masks; the legislature didn’t authorize criminal sanctions if a business doesn’t follow these rules.”

Hochul announced Friday that masks would be required in all indoor public places unless the businesses or venues implement a vaccine requirement. The rule will last at least until Jan. 15, and enforcement is in the hands of local counties.

Goodell said the mask mandate will force those who are vaccinated to wear masks, despite being vaccinated.

“I question whether Gov. Hochul has the legal authority to impose a statewide mask requirement that applies to everyone who has been fully vaccinated, and to those who have also gotten the booster shot,” he said. “(This is) regardless of what the local infection rate is in the community. This is a statewide mandate, so you can have communities with very low infection rates and very high vaccination rates. We’re now subjected to this loss of liberty.”

Goodell said he believes this “type of authoritarian government” is “counterproductive.”

“It eliminates an important reason why people got vaccinated in the first place,” he said. “If it makes no difference whether you’re fully vaccinated and had a booster or whether you’ve never been vaccinated, some people will be even more reluctant to move forward with vaccinations.”

Goodell said the mandate also appears to question New Yorkers’ ability to make decisions regarding their medical care. “The mandate is based on the premise that Gov. Hochul, sitting in her beautiful office in Albany, knows more about what every single resident in the state of New York should do, and that every resident in the state of New York is completely incapable of taking care of themselves or intelligent health care decisions without a centralized government edict,” Goodell said. “that type of authoritarian arrogance is offensive to thoughtful residents who are already taking all appropriate health measures.”

He added that the mask mandate for fully vaccinated residents may not meaningfully impact the COVID infection rates across the state.

“We’ve been told to follow the science,” Goodell said. “I am not aware of any scientific studies that indicate that requiring those who are fully vaccinated to wear masks reduces the spread of COVID. But, her executive order requires everyone who’s vaccinated to wear masks unless a business requires every single person going into their business to prove that they were vaccinated.”