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Gov. Andrew Cuomo, D-NY, speaks at a press conference about coronavirus, Oct. 5, 2020. | Flickr/Governor Andrew Cuomo The federal Appeals Court for the 2nd Circuit has ruled in favor of religious groups, blocking the state of New York s restrictions on gatherings that were enacted to stop the spread of COVID-19.
The federal court held in a unanimous 3-0 decision that the Roman Catholic Diocese of Brooklyn, two synagogues, and Agudath Israel, an Orthodox Jewish group, had their free exercise rights violated because of Governor Andrew Cuomo s attendance caps that were issued in early October. Cuomo s policy permitted to the lesser of 10 people or 25% capacity in zones where COVID-19 risk was the highest and 25 people or 33% capacity in the less risky zones.
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December 29, 2020 12:12:10 pm
The US Court of Appeals for the Second Circuit ruled Monday that New York Governor Andrew Cuomo’s restrictions on the number of attendees at religious gatherings were likely to be a violation of the Free Exercise Clause of the First Amendment. The Court enjoined the state from enforcing these limits, put in place to address the spread of COVID-19 in areas with the highest prevalence.
Governor Cuomo issued an executive order in October that categorized areas into “zones,” which were assigned colors corresponding to their COVID-19 rates. In all zones, a capacity limit was imposed on houses of worship, but not on essential businesses.
By Jonathan Stempel
NEW YORK (Reuters) - The federal appeals court in Manhattan on Monday blocked New York state restrictions on the size of religious gatherings put in place to combat the spread of the coronavirus.
In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals sided with the Roman Catholic Diocese of Brooklyn, the Orthodox Jewish group Agudath Israel of America and two synagogues in enjoining New York Governor Andrew Cuomo s Oct. 6 attendance caps at houses of worship.
The governor limited attendance to the lesser of 10 people or 25% capacity in red zones where the coronavirus risk was highest, and 25 people or 33% capacity in slightly less risky orange zones, even in buildings that seat hundreds.