Citing protests, federal judge strikes down Cuomo and de Blasio lockdown orders for churches
A federal judge on Friday struck down orders issued by New York Gov. Andrew Cuomo and New York City Mayor Bill de Blasio that limit the size of church services. The ruling, a preliminary injunction delivered by District Judge Gary Sharpe, notes that by endorsing protests for racial justice while simultaneously discouraging large gatherings in churches, both Cuomo and de Blasio undermined their claim that their lockdown orders were "generally applicable." "The State argues, in overly-simplistic fashion, that the challenged laws only incidentally impose a burden on religious exercise, and they are neutral and generally applicable, and therefore, only rational basis need be shown, which is self-evident: preventing the spread of COVID-19," Sharpe wrote. "The State was silent with respect to the mass race protests."
Sharpe added that de Blasio's comments with regard to churches, as well as his attitude toward New York Jewish communities, made it difficult for the mayor to make a "legitimate" claim that he is not biased against people of faith while favoring protests. "Governor Cuomo and Mayor de Blasio could have just as easily discouraged protests, short of condemning their message, in the name of public health and exercised discretion to suspend enforcement for public safety reasons instead of encouraging what they knew was a flagrant disregard of the outdoor limits and social distancing rules," Sharpe wrote. "They could have also been silent. But by acting as they did, Governor Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment." De Blasio, in early June, said that allowing protests and allowing religious services were "not the same question." The ruling came after Catholic churches and Orthodox synagogues in upstate New York filed a suit earlier this month alleging that Cuomo's executive orders violated their First Amendment rights. Following Sharpe's order, New York officials are no longer allowed to impose limits on indoor, in-person religious gatherings.
https://www.washingtonexaminer.com/news/citing-protests-federal-judge-strikes-down-cuomo-and-de-blasio-lockdown-orders-for-churches
https://reason.com/wp-content/uploads/2020/06/N.D.N.Y._1_20-cv-00651-GLS-DJS_35_0.pdf