Federal Court Hands Cuomo Loss, Ends Church Capacity Limit

Delta News Hub via Wikimedia Commons

A federal appeals court struck down New York Gov. Cuomo’s unconstitutional restriction which placed capacity limits on houses of worship. The three-judge panel ruled that the restriction “discriminates against religion on its face” by setting unfair restrictions on churches and synagogues while businesses considered essential were allowed to operate.

The restrictions limited the size of religious gatherings to 10 people or 25% capacity in so-called virus “red” zones, and to 25 people or 33% capacity in “orange” zones. The Roman Catholic Diocese of Brooklyn, the Orthodox Jewish group Agudath Israel of America, and two synagogues sued the state over the order, arguing that it directly violated their Constitutional right to free exercise of religion.

In a report from The Daily Wire:

“The restrictions challenged here specially and disproportionately burden religious exercise,” and violate the First Amendment, the court ruled. “We conclude that [Cuomo’s] Order discriminates against religion on its face.”

“No public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal,” the ruling continued.

This isn’t the first time the courts have knocked down Gov. Cuomo’s overreach of authority. In a November 5-4 ruling, the Supreme Court backed the challenge to Cuomo’s edict. At the time, Cuomo had dismissed the court’s ruling as “irrelevant of any practical impact because of the zone they were talking about is moot.”

“Not only is there no evidence that the applicants have contributed to the spread of COVID–19 but there are many other less restrictive rules that could be adopted to minimize the risk to those attending religious services,” the Supreme Court decision said. “Among other things, the maximum attendance at a religious service could be tied to the size of the church or synagogue. Almost all of the 26 Diocese churches immediately affected by the Executive Order can seat at least 500 people, about 14 can accommodate at least 700, and 2 can seat over 1,000. Similarly, Agudath Israel of Kew Garden Hills can seat up to 400. It is hard to believe that admitting more than 10 people to a 1,000–seat church or 400–seat synagogue would create a more serious health risk than the many other activities that the State allows.”

“Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area,” the ruling asserts. “But even in a pandemic, the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty. Before allowing this to occur, we have a duty to conduct a serious examination of the need for such a drastic measure.”

A win for the First Amendment!



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Dora S.
Dora S.
11 months ago

It’s about time someone stomped on this arrogant little man’s toes! He’s a narcissist ( an inflated sense of his own importance)

Mikey
Mikey
11 months ago
Reply to  Dora S.

I would argue stomp on his meat, except he already did that hisself.

Connie Mays
Connie Mays
11 months ago
Reply to  Dora S.

I applaud this decision and hope others will reject Cuomo’s over-reaction. Although I am not a particularly religious person, I respect the beliefs and rights of others. For many people, their attendance at a religious ceremony is a very important part of their lives, especially at a time of such unsettling events. I get that we’re all a little paranoid about the Covid spread, but I think it is very unfair to disallow their attendance at church.

Rita
Rita
11 months ago

NY Restaurants should follow the same suit.

Susanna
Susanna
11 months ago
Reply to  Rita

That’s another area where people should file lawsuits NOW. Did you know that there is no proof at all that restaurants cause Covid-19 to spread quicker? Did you know that there is no proof that Covid-19 can be spread through food? If food is handled properly, which is regulated by ALL RESTAURANTS according to Food Handlers criteria, then no one should get sick at all. Restaurants are set to have all silverware and dishes washed at a certain temperature. Food has to be stored at a certain temperature. Food has to be heated at a certain temperature. Everything is to be done according to the Food Handlers License requirements, and if not, then they lose their license to serve food.
Reopen the Restaurants and use precautions for social distancing.

Floyd Hardee
11 months ago
Reply to  Susanna

Democrats are conniving, lying, and arrogant, but not very smart. They cause severe damage whenever they are in control.

Floyd Hardee
11 months ago
Reply to  Rita

“Don’t blame it on me. I am not guilty you see.” That is what Trump should be saying. After all he did not develop the Covid Virus. It was China which the News Media refuse to admit, primarily because they have investments in China.; They are loyal to China, not us, so they ignore the truth and attack Trump whom is innocent. His Warp Speed Vaccination program will likely save Millions and millions of lives, but will they humbly acknowledge this? No! We need Trump in office to protect us from China and the greedy bastards who support them over us!

Howard Benham
Howard Benham
11 months ago

This spawn of the devil should be facing jail time for killing all of those seniors in the nursing homes.

Bobert
11 months ago

And this Moron is thinking of running for President?
Trouble is he probably will and has a chance of winning.
That’s if our Country is still viable in 2024.

Connie Mays
Connie Mays
11 months ago
Reply to  Bobert

I think this decision will affect the opinion of a lot of people. Taking away our religious freedom is a very unpopular option, especially at a time when people are feeling most in need of it.

Old Fart
Old Fart
11 months ago
Reply to  Connie Mays

And it will lead to the 2nd Ammendment to come out in full force. These Liberals better be ready for LAW ABIDING CITIZENS of the Country to PROTECT their Constitutional RIGHTS !!!

THOMAS
THOMAS
11 months ago

SKRU Cuomo and his brother Fredo … both can take a flying leap at a rolling doughnut ! They think they are demigods well they really are DIPPYSHITS !

Old Fart
Old Fart
11 months ago
Reply to  THOMAS

Thomas….they don’t DESERVE Donuts!! lmao

Floyd Hardee
11 months ago
Reply to  THOMAS

Cuomo got an Emmy, but should have been awarded an Enema, because he is full of stinky stuff.

charlie
charlie
11 months ago

Democrap NYS Gov. Coumo and NYC Mayor Bill de Blowsio must both be removed from office by the voters!

Sam
Sam
11 months ago
Reply to  charlie

But not with Dominion voting machines or mail-in ballots!

charlie
charlie
11 months ago
Reply to  Sam

Agree,

Susanna
Susanna
11 months ago
Reply to  Sam

Actually, I was thinking they should just tar and feather them.

Floyd Hardee
11 months ago
Reply to  Susanna

Don’t forget to ride them out of town on a split rail!

Floyd Hardee
11 months ago
Reply to  Sam

They need new reliable voting machines none of which are Dominion. We also need Thumb Print ID’s registered in a National Data base and compared to each ballot we vote. Catch the thieves and cut out the fraud!

Old Fart
Old Fart
11 months ago
Reply to  charlie

We have all found out this year that “voting” doesn’t matter. The Voting machines are all programmed by Democrats!!

dan Flyyn
11 months ago

Where is his mask? If I one needs to hide ugly with a face that could stop a clock.
It is St. Andrew of COVID.
I hope you rot in hell!
P.S.
Take your little girl brother the Sallyman or Marylou…. Whatever his name is.
You are getting closer and closer to the inferno regions.
BURN BABY BURN!

Jerry Moore
Jerry Moore
11 months ago

Put the low life wap cuomo down for the count and then get his punk brother and then get the humpback Schumer

Susanna
Susanna
11 months ago
Reply to  Jerry Moore

A lot of Italians will take offense to the word wop Equivalent to the “N” word for a Black man. Cuomo is a traitor, a thug and a communist. Not all Italians are bad people. Rudy Giuliani was a very good Mayor.

Floyd Hardee
11 months ago
Reply to  Susanna

Too many folks are taking exceptions to words that are truthful, but not racial. Why if you refer to someone as Gay they are ready to lock you up. But, in many old movies a lot of folks are referred tom as Gay Blades and it was non sexual, but simply meant happy go lucky. It like Nevada. I grew up watching scores of movies and politicians whom referred to Nevada as Nevada, not Navady. The English language is being decimated.(Hope that is spelled right)

Floyd Hardee
11 months ago
Reply to  Floyd Hardee

tom is to. Computer is a dirty misspelling rat.

Floyd Hardee
11 months ago
Reply to  Floyd Hardee

Think about it. How can to, become tom, when the letters are miles apart?

Pete
Pete
11 months ago

Finally Andrew Cuomo aka Il Dumb*ss gets it in his labonza! Thank you judge, may he get many more!

Cheryl N
Cheryl N
11 months ago

This man needs to be taken out of office, he acts like his god, I
know GOD and HE sure as hell it is NOT CUOMO!!!

LJR Justice
LJR Justice
11 months ago

WHAT A FRIGGING MESS!!!!!…MENTAL EVALUATIONS PERIODICALLY WOULD WEED OUT POTENTIAL….IDIOTS!!

charlie
charlie
11 months ago
Reply to  LJR Justice

Sleepy Joe Biden too!

Susanna
Susanna
11 months ago
Reply to  charlie

It is actually a crime to allow any man with dementia to run for anything higher than a garbage collector. He’s not even capable of doing that with efficiency. He’s also guilty of high crimes and misdemeanors from his non-dementia days.

Joe
Joe
11 months ago

About time someone put this radical,liberal,jackass in his place. I can’t understand why they haven’t put out a petition, to recall this arrogant, stooge, along with his sidekick comcrade diblasio. How much more destruction of a state, has to be done before the people finaaly do something,never, I guess.?

Donna
Donna
11 months ago

The worst Governor New York has ever had, except for his father, Mario…he sucked too !!! Mario almost destroyed New York when he was governor …now his arrogant son gets elected so he can finish the job…

Susanna
Susanna
11 months ago

The Powers that Be only want to CONTROL THE MASSES. They have no care about people dying, because if they did they would stop sending people who are recovering from Covid-19 and live in Nursing Homes, back to the Nursing Homes, to infect the other residents, which results in the largest death toll for any state in the Union. It’s all about POWER AND CONTROL! We The People should have a choice to go to any place of worship we wish, at any time we wish, and as many people as we wish. If someone is afraid to go, then stay home.

CAROL
CAROL
11 months ago

Good…hope they deflate his big ego even more. He is an A$$

Susanna
Susanna
11 months ago

Gyms, Restaurants, and Hair Salons, as well as Nail Salons, and bars should file lawsuits. If shopping centers for food and hardware can stay open, then so can all of these other places, with precautions in place.

Patriot1490
Patriot1490
11 months ago

Cuomo is the perfect example of what the Democrats think about the Constitution. They are not interested in what it says or means. The Constitution was written by the Founders of our Country. Those people had suffered under the tyrannical rule of King George III and knew the abuses against them by a foreign monarch.
THE CONSTITUTION IS BY LAW, A LIST OF ACTIONS THE GOVERNMENT CANNOT ENFORCE AGAINST THE PEOPLE; IT IS TO PROTECT THE CITIZENS FROM THE ABUSE OF GOVERNMENT. IT GIVES US RIGHTS THAT CANNOT BE TAKEN AWAY. IF ANY OF THOSE RIGHTS ARE RESTRICTED, THE GOVERNMENT MUST CORRECT ITS WRONGFUL ACT AND IF A CRIME IS INVOLVED, REMEDIES ARE INDICATED. MOST OF ALL, IT CANNOT ENFORCE ACTIONS AGAINST ANY PERSON OR GROUP OF PERSONS THAT IT DOES NOT ENFORCE AGAINST ALL PERSONS EQUALLY.
IT STARTED WITH LOCKDOWNS, LIMITING ATTENDANCE AT SOCIAL AND RELIGIOUS GATHERINGS AND EVENTS, REFRAINING FROM CELEBRATING ANNIVERSARIES AND HOLIDAYS WITH FAMILY AND FRIENDS. FORCING SOME BUSINESSES TO CLOSE OR DO BUSINESS ON THE STREET WHILE ALLOWING OTHER BUSINESSES TO OPEN. THREATENING LEGAL ACTION IF PEOPLE DO NOT WEAR MASKS WHEN IN APPROXIMATION WITH OTHER PEOPLE AND THEN BEING REQUIRED TO WEAR A MASK ALONE IN YOUR CAR, AND CURRENTLY DEMANDING PEOPLE WEAR THESE MASKS INSIDE THEIR OWN HOMES. WE ARE NOW SEPARATING PEOPLE BY CLASSES OF WHO IS ESSENTIAL AND WHO IS NOT. THEREBY CREATING A SECTION OF THE POPULATION THAT MAY BE CONSIDERED SO NON-ESSENTIAL THAT THEY COULD BE ELIMINATED. (NAZI GERMANY COMES TO MIND)
YET WHILE RESTRICTING THE MOVEMENTS AND THE LIVES OF AMERICAN BORN CITIZENS, PROPOSING TO OPEN THE DOORS TO UNDOCUMENTED
FOREIGNERS (they dislike the true designation of ILLEGAL ALIENS) to fill the jobs that have been held by those of us now considered NON-ESSENTIAL

Obama, Schumer, and Pelosi are all leading the effort with Cuomo and the rest of the Democrat Party to abolish the CONSTITUTION so they CAN CONTROL OUR LIVES; OUR JOBS, OUR CHILDREN, WHERE WE LIVE, WHO WE MARRY, EVERYTHING THAT AMERICA HAS STOOD FOR OVER THE PREVIOUS 244 YEARS IS NOW AT RISK, we cannot allow that, we were born free men and would perish under their heels.

General Patton
General Patton
11 months ago

WAKE UP New York CUOMO is a F-ing loser. Vote this moron out asap. He is a modern day Mussolini

Kate
Kate
11 months ago
Reply to  General Patton

I never voted for his sorry butt. You can blame NYC and Albany for that. I don’t understand how some can be so stupid.

Christopher Strunk
11 months ago

It is a beginning that will be joined by https://www.scribd.com/word/document_edit/489492341/presentation

Joe
Joe
11 months ago

Again… the leftist “separation of church and state” myth only applies if they’re not trying to control them!

robert
robert
11 months ago

BIDEN LOST!

Daisy
Daisy
11 months ago

Cuomo, along with DeBlasio, have managed to destroy New York City. He also is responsible for thousands of deaths because he sent covid positive people back into nursing homes. He is completely incompetent and is destroying his state, yet he thinks he has done a great job. Let’s hope New Yorkers use their brains and dump this guy as soon as possible.

Casey
Casey
11 months ago

Cuomo is a world class A-hole. My God we have Cuomo (s), Biden and de Blasio. I couldn’t put together a bigger group of losers to be in charge of anything.

Billy Wilson
Billy Wilson
11 months ago

Put him in jail for murder.

Eliot
Eliot
11 months ago

New Yorkers love this guy
New Yorkers love AOC
New Yorkers love Schumer
New Yorkers love DiBlasio
New Yorkers love Alex Baldwin
If you’re a goofball, New York voters somehow relate to you!!!

Fed up
Fed up
11 months ago
Reply to  Eliot

NOT TRUE!!!!! Voter fraud is how these assholes keep their seats, They are all scum!!

Floyd Hardee
11 months ago
Reply to  Eliot

Seems to be a pattern there Eliot.

Madeleine Donaldson
Madeleine Donaldson
11 months ago

From what I have gathered he runs his Office like a gestapo. Screams at everyone and is is quite nasty! And hits on pretty girls. Dreadful man. Same as his brother!

Robert Higginbotham
Robert Higginbotham
11 months ago

Why is it that whenever restrictions like this one by the NY bully no mention is made of Mosques. I guess there is fear Muslims will retaliate unlike Catholics and Jews. I also love it when the big mouth NY bully is shot down.

Floyd Hardee
11 months ago

Cuomo, and his Hollywood brother, Eric Baldwin, both win Stupidest Man of the Year Awards. True or false?

william
11 months ago

This Joke of a Govenor needs to be Arrested for KILLING at least 5000 seniors. He shouldn’t get baway with his crime. Come on people, yell it loud that he needs to pay for HIS crime.

Sid Abma
10 months ago

Now California and king newsom’s turn. Repeal Newsom !!!!

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