BUFFALO, N.Y. — It was a split decision in State Supreme Court on Thursday as Justice Paul Wojtaszek affirmed the COVID high-risk sports category for hockey and the state's move to give counties control of policies.
But he also labeled the state's travel policy for in-state games and tournaments as "arbitrary."
His preliminary injunction on that travel factor was seen as a win by the attorneys who were challenging the state on behalf of clients including youth and amateur hockey leagues, parents, and skating rink owners.
Attorney Corey Hogan told the judge that evidence proves hockey is safe for the players or others and that games should be allowed so that kids can enjoy the sport with teammates. He says it helps counter potential harm to children with mental health issues related to COVID isolation.
The state's attorney says hockey is inherently dangerous for potential spread of the virus as players are in close contact in an enclosed rink on the ice. State officials are concerned that games or tournaments could be super-spreader events.
There were also questions about the state's move to shift control to county health departments for oversight of hockey. Erie County recently put some high school and league hockey teams on pause after COVID cases turned up.
The judge did uphold the state's high risk designation and county control decision. But again he did issue the hold on the guidance portion, which applies to travel by teams to different regions of the state for games and tournaments.
That paves the way for a New York State Amateur Hockey Association tournament in April at the Northtown Center in Amherst.
That event had been cancelled back in 2020 as the pandemic was getting worse.
The judge says there will be more discussions with the attorneys in a conference in early March.