It's Easier To Ask Forgiveness Than It Is To Get Permission

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A federal< judge denied a request made by the Diocese of Brooklyn for a temporary restraining order to block Gov. Andrew Cuomo from enforcing his new COVID-19 rules on houses of worship.

Judge Eric Komitee’s decision, handed down late at night on Oct. 9 following a hearing that afternoon, means that the new restrictions Cuomo mandated can go into effect.

. . . In his decision, Komitee wrote that Cuomo’s executive order was actually aimed at houses of worship in the Orthodox Jewish community and that the diocese “appears to have been swept up in that effort having been mostly spared, so far at least, from the problem at hand.”

Judge Komitee is a Trump appointee. Although Judge Stickman, who has issued the most intelligent and comprehansive opinion striking down COVID restrictions so far, is also a Trump appointee, I noted last week that Judge Amy Coney Barrett also upheld COVID restrictions on houses of worship in an appeals court decision. Trump judges will not be a magic bullet to solve this problem.

Several factors make this decision bizarre. One is that last Friday, a different federal judge issued a restraining order that allowed Capitol Hill Baptist Church to hold in-person services under circumstances very similar to those in Brooklyn.

Another strange factor is that the judge agreed with Gov Cuomo that the problem wasn't the Catholics, who had been following health orders that had already been negotiated and agreed, the problem was ultra-Orthodox Jews, and the Catholics had just been inadvertently swept up. But this somehow justified it.

I'm not sure how this differs from the health department shutting down Joe's Pizza for too many rats and roaches, but also shutting down Bert's Burgers, which doesn't have rats or roaches. Can the judge just say, "That's OK, Bert, this was aimed at Joe's Pizza, and you just got swept up. The health department was OK to shut you down as well. No hard feelings, though!"

The legal envioronment here is presently unstable, and it isn't doing to stabilize anytime soon, especially as "blue" civil authorities continue to assert their ability to impose renewed lockdowns at whim. And this won't stop just because there's a vaccine, or just because the lockdowns have gone on too long.

The Archdiocese of New York issued the following statement before the court denied the restraining order:

Catholic parishes throughout the Archdiocese of New York – indeed, throughout the entire State – have been able to safely and successfully re-open for Mass and the sacraments, thanks to careful planning, strict adherence to safety guidelines, and the full cooperation of our clergy, parishioners, and parish staffs.

So it is unfair to arbitrarily close, even temporarily, churches which have been operating without a spike in coronavirus cases simply because other institutions have not yet been able to do so. The Diocese of Brooklyn’s lawsuit seeks to defend their First Amendment right to continue to safely worship and operate their parishes, and we support the Diocese of Brooklyn in their effort.

That and $2.75 will get them a subway ride. Meanwhile, the faithful are being denied spiritual food. Now, someone may be able to get together with Cardinal Dolan, Abp Cordileone, Abp Gómez, and whomever else and work out an effective strategy that will allow the faithful to receive spiritual food without waiting indefinitely for it. But the fact is that going through the courts is proving to have unpredictable and at best long delayed results.

On the other hand, the strategy of the Southern California Evangelical megachurches has so far been far more effective. To go ahead and hold services is an effective strategy. Does Gov Cuomo seriously believe NYPD will arrest or cite Catholic parishioners? Califonria authorities recognize local police and sheriffs will not. The Evangelical pastors recognize they get good publicity and fill their pews as well. And the local courts recognize that there are First Amendment issues that must be dealt with before penalties can be applied.

It's easier to ask forgiveness than it is to get permission.