New York Enjoined From Enforcing Stricter Limits Against Worship Services

Religion Clause ^ | 06-26-2020 | Howard Friedman

[NRx]

In Soos v. Cuomo, (ND NY, June 26, 2020), a New York federal district court granted a preliminary injunction barring New York from enforcing COVID-19 orders that impose stricter limits on worship services than on other activities. The suit was brought by two Catholic priests and three Orthodox Jews.  The court said in part:

Assuming, without deciding, that the challenged laws are neutral, plaintiffs have demonstrated a likelihood of success on the merits with respect to their free exercise claim because it appears that the challenged laws are not generally applicable, and that they would fail strict scrutiny....

On its face, the 25% indoor capacity limitation applies only to houses of worship... Indeed, that limitation is the only one of its kind in the tangle of executive orders and the Guidance Document that have been issued in response to the pandemic; in other words, no other secular entity, save for those that remain closed in their entirety until Phase 4 or beyond, are limited to only 25% capacity. The “nonessential businesses,” dubbed “Phase 2 industries” by executive order, that enjoy a 50% capacity limitation are, however, not justifiably different than houses of worship.

The court enjoined the state:

(1) from enforcing any indoor gathering limitations against plaintiffs greater than imposed for Phase 2 industries, provided that plaintiffs follow social distancing requirements as set forth in the applicable executive orders and guidance; and

(2) from enforcing any limitation for outdoor gatherings provided that participants in such gatherings follow social distancing requirements as set forth in the applicable executive orders and guidance.

Thomas More Society issued a press release announcing the decision.

[NRx]

Please either delete or change title to “ New York Enjoined From Enforcing Stricter Limits Against Worship Services”

I muffed this badly. Thanks.

[Persevero]

An excellent victory but it is a shame it even needed to be litigated.

Thank God for our christian civil rights legal groups.

[Admin Moderator]

Fixed, thanks.

[NRx]

Thank you.

[george76]

6 NYPD cops forcefully arrest mom holding toddler’s hand for improper mask etiquette

[ebb tide]

Cuomo, de Blasio wrong to limit worship services, condone mass protests: federal judge

U.S. District Judge Gary L. Sharpe issued a preliminary injunction Friday on behalf of two Catholic priests -- Steven Soos and Nicholas Stamos -- and a trio of Orthodox Jewish congregants -- Elchanan Perr, Daniel Schonborn, and Mayer Mayerfeld -- in Brooklyn, represented by the Thomas More Society.

Frs. Soos and Stamos are both priests of the SSPX.

Not surprised that neither Cardinal Dolan, nor any other NY catholic bishop, joined the suit.