CAPITAL REGION (WRGB) Casey Job Is gearing up for spending the thanksgiving holiday with family, but governor Cuomo said today that and other social gatherings at private homes can’t exceed 10 people.
“I hope it does," Job said when asked if he thinks this should be challenged in court.
Joseph Sise is a retired State Supreme Court judge. He says in a legal challenge, the judge would most likely end up ruling in favor of the state for now due to the public health crisis and the recent surge in cases. But he says that may change, depending on how long these restrictions last. Either way, he says this would be a difficult decision for a judge.
“One of the courts do look at is how long is this going to happen? If the government is seeking this restriction for a limited amount of time that’s part of the analysis. Obviously this kind of restriction will not stand if it’s unlimited.”
He says the US Supreme Court has ruled in the past that elected officials should be the ones protecting their populations, not the courts.
“Governmental powers are broad and will be given great deference by the courts. This is something that was established back in 1905 when Massachusetts was compelling vaccinations and here we are 115 years later.”
As for enforcement. Colonie police tell us that this is almost impossible to enforce, and they tell us any enforcement will be educational and not punitive.
“The Colonie police department is not going the be out trying to count the number of cars or decipher the number of people in your home on thanksgiving day. That’s unrealistic unfeasible and probably unconstitutional," says Lt. Bob Winn of Colonie PD.
Sise says if this was challenged in federal court the state would have to prove that they’re acting in good faith and there are sufficient facts behind the measure. Sise says the governor backed up his case by pointing out that social gatherings can spread the virus.