COVID-19 summary: On June 10, two Catholic priests and three Orthodox Jews filed this lawsuit against the city and state of New York, alleging that by allowing protests while prohibiting worship, they discriminated against people of faith and violating their constitutional rights. They sought declaratory relief, a temporary restraining order (TRO), a preliminary injunction, and a final injunction prohibiting the defendants from enforcing limitations on worship services. The court denied the TRO on June 11 but granted the preliminary injunction on June 26.
As part of New York’s ban on gatherings during the COVID-19 pandemic, attendance at houses of worship and outdoor religious gatherings was strictly limited. In June, state and city officials allowed mass gatherings protesting the death of George Floyd, but continued to actively enforce prohibitions against congregational worship. Two Catholic priests and three Orthodox Jews filed this lawsuit on June 10, 2020, in the U.S. District Court for the Northern District of New York, alleging that Governor Cuomo and Mayor de Blasio, by allowing protests while prohibiting worship, were discriminating against people of faith and violating their constitutional rights. Represented by the Thomas More Society, they alleged violations of the First, Fifth, and Fourteenth Amendments (under 42 U.S.C. §1983), the New York Constitution, and the New York Executive Law. They sought a declaration that the restrictions on indoor and outdoor worship were unconstitutional and were illegal under New York law; a temporary restraining order, a preliminary injunction, and a final injunction prohibiting the defendants from enforcing limitations on worship services; and attorneys’ fees and costs. The case was assigned to Senior Judge Gary L. Sharpe.
The plaintiffs’ motion for a temporary restraining order was denied on June 11 for services occurring on June 12 or 14 because there was insufficient time to make a reasoned determination given that the complaint had been filed the prior day.
On June 26, 2020, the court granted the plaintiff's motion for preliminary injunction. 2020 WL 3488742. The injunction prohibited the defendants from limiting the plaintiffs’ indoor worship beyond the limitations imposed on businesses listed in Phase 2 of New York’s reopening plan. It also prohibited any numerical limitation on attendance at the plaintiffs’ outdoor worship services. The defendants appealed the order on July 27.
The plaintiffs filed an amended complaint on October 9, 2020. The amended complaint added additional plaintiffs, and also added additional defendants including the Superintendent of the New York State Police, the New York State Commissioner of Health, and various officials in the New York City Department of Education. The amended complaint kept the claims pertaining to houses of worship and added claims seeking to enjoin the defendants from closing religious schools. The plaintiffs concurrently filed a motion for a temporary restraining order to the same effect, but it was denied due to failure to properly serve the defendants. On October 15, the plaintiffs filed another motion for a temporary restraining order.
As of October 17, 2020, the case remains ongoing. The Court is awaiting the Defendants' answer to the plaintiffs' motion for TRO before ruling on the issue.
Gregory Marsh - 07/10/2020
Justin Hill - 10/17/2020
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