Two New York Updates

The backgound and legal history of the religious freedom cases stemming from COVID restrictrions are looking more and more complex as information comes to light. (For instance, there's another post to be made on the Capitol Hill Baptist case, which I hope to put up in the next day or so.)

In New York, it appears that there are two separate clusters of cases and issues, one centered in Brooklyn and Queens, the other in Orange and Rockland Counties, which are across the Hudson and just north of New Jersey. Both deal with amended COVID restrictions issued by Gov Cuomo on October 6. I'll call the west-of-the-Hudson cases the "upstate cases". Of these, the Thomas More Society reports,

On October 5, Governor Cuomo threatened to shut down New York churches and synagogues if they did not continue to limit religious gatherings to 50% of their indoor capacity, which was the relief provided for several of the above plaintiffs by federal court order on June 26, 2020, through the exclusive representation of Thomas More Society attorneys. But just one day later, on October 6, the governor pivoted and issued a new policy called the “Cluster Action Initiative,” virtually shutting down churches and synagogues in various newly created “Red Zones” throughout New York City and other state locales. He also completely shut down religious schools in both the “Red Zones” and in the newly designated “Orange Zones.” The most restrictive “Red Zones” single out “houses of worship” and limit them to religious gatherings of up to 25% percent capacity, but cap that number at a maximum of ten people. “Orange Zones” limit “houses of worship” to 33% of capacity but no more than 25 people, and the also newly defined Yellow Zones limit “houses of worship” to 50% of capacity.

This is a separate action from the case ruled on by Judge Eric Komitee on the "red zones" in Brooklyn and Queens on October 9, where he denied a restraining order against the new lockdown. Regarding the upstate cases,

[T]wo Catholic priests, two Catholic school students, and four Orthodox Jewish individuals are renewing an ongoing lawsuit against the head of New York state for imposing new, draconian restrictions on religious services, nearly four months after a federal judge enjoined Cuomo from treating houses of worship differently from exempted businesses and activities.

The Thomas More Society filed an Emergency Amended Complaint and Motion for Temporary Restraining Order on October 9, 2020, in United States District Court for the Northern District of New York on behalf of the priests and individuals. The new filing shows that Cuomo and other state officials are now singling out religious gatherings for special burdens without showing any evidence that religious gatherings, and not countless other exempted gatherings and activities, are unique sources of spreading COVID-19.

It appears that the October 6 color-coded designations of micro-hot spots violate an earlier injunction issued by a federal judge:

On June 26, 2020, Senior U.S. District Judge Gary L. Sharpe issued a preliminary injunction prohibiting Governor Cuomo, his Attorney General Letitia James, and New York City Mayor Bill de Blasio from enforcing previous orders treating the original plaintiffs in this case (including the two Catholic priests and three of the four Jewish individuals) less favorably than New York’s COVID-19 “Phase 2 Industries,” which included many offices, retail outlets, personal care services, and more, and which at the time were limited to occupancy rates of 50% of their indoor capacity.

So far, I don't see an outcome of the current Thomas More Society action.

Regarding the Brooklyn-Queens cases,

Leaked audio shows Cuomo admitting that his lockdown orders, specifically those targeting Jewish schools, are not based in science.

The audio is contained in a Twitter post included in the link. The gist is that Cuomo is telling rabbis that the problem is that "everyone" is scared, and there is neither time nor budget to invetigate whether the schools and temples are actually spreading the disease, but they must be shut to avoid panic and give Cuomo time to develop a more equitable approach. At some indefinite future time.

And Judge Komitee has already explained that the Catholic diocese is just "swept up" in this process, but it's the Jews that have everyone in a panic. This is bizarre beyond belief.