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An appeals judge restored New York’s mask mandate Tuesday, a day after a judge in a lower court ruled that Gov. Kathy Hochul’s administration lacked the constitutional authority to order people to wear face coverings during the COVID-19 pandemic. After hearing brief arguments, Appellate Division Justice Robert Miller granted the state’s request to keep the masking rule in place while the governor’s administration pursues an appeal. He offered no opinion on the mandate’s legality. (Thompson, 1/25)

New York City will not investigate Elio’s, an Upper East Side restaurant, for allowing Sarah Palin to dine indoors on Saturday night without asking for proof that she had been vaccinated. City rules require that restaurants demand such proof before admitting guests indoors. Ms. Palin is unvaccinated, and on Monday, she tested positive for Covid. But a spokesman for the city said Tuesday that the many agencies that enforce the vaccination rules issue violations only for incidents that have been observed by a city inspector. Ms. Palin’s visit to Elio’s was disclosed in a tweet by a fellow diner. (Krishna, 1/25)

Face masks will be given to spectators watching the Super Bowl at SoFi Stadium in Inglewood, officials announced Tuesday, to ensure COVID-19 protocols are met at the event, which is a little more than two weeks away. The masks — KN95 varieties — will be handed out as part of health and safety plans ahead of the Feb. 13 game. L.A. County’s health officer order requires that patrons, customers and guests wear masks at “outdoor mega events,” now defined as those hosting 5,000 or more people, regardless of whether they’ve been vaccinated against COVID-19. (Lin II, Money and Alpert Reyes, 1/25)

Dozens of students from Benjamin Banneker Academic High School walked out Tuesday afternoon in a push for more coronavirus testing and virtual options in D.C. Public Schools. Students in smaller numbers from eight other schools staged similar protests. ... Brianna Stallings, a lead organizer in the demonstration, said her school wasn’t being transparent about how many people at Banneker have contracted covid-19. (Asbury, 1/25)

Two weeks after the omicron surge appears to have crested in the Bay Area, coronavirus hospitalizations also are leveling off, and health officials said Tuesday that they are starting to plan for what pandemic life might look like on the other side of the winter wave. Coronavirus cases and hospitalizations remain very high across the region, with nearly 15,000 new cases reported each day on average and 2,014 people hospitalized with COVID in the Bay Area as of Monday — just shy of last winter’s peak patient loads. Health officials said they anticipate at least three more weeks of high case rates and tremendous pressure on hospitals as the omicron surge wanes. (Allday, 1/25)

Omicron has proven the most transmissible of any COVID-19 variant so far, straining hospital systems in every corner of the country. But it hasn’t changed the dynamics surrounding the politics of the pandemic in the states. As the crisis grinds toward its third lethal year, states have shown little letup in their approaches to the emergency. The states that embraced restrictions to protect public health are poised to continue to do so in the coming year. Those intent on ensuring the pandemic does not impinge on what they regard as individual autonomy will continue to do so in 2022. “We’re not really seeing states change course [in response to omicron] in terms of their policies and approaches in dealing with COVID overall,” said Jennifer Tolbert, director of state health reform at the Kaiser Family Foundation. (Ollove, 1/25)