A Brooklyn lawyer has filed suit against Gov. Andrew Cuomo claiming
his executive order prohibiting large gatherings during the coronavirus
pandemic violates his rights to free speech and to observe his Jewish
faith.
In a lawsuit filed on Friday in Brooklyn federal court against both
Cuomo and the state government, attorney Lee Nigen also claims that
Cuomo’s statements urging New Yorkers to limit their travel infringe on
his rights to meet with clients, friends, family and “like-minded
people.”
Cuomo signed an executive order requiring closure of businesses deemed non-essential on March 20.
Three days later, he signed an order imposing an indefinite ban on large gatherings.
As of Friday, Cuomo had not imposed a travel ban.
But Nigen alleges that the governor’s public statements urging New
Yorkers to stay home as the COVID-19 outbreak rages on creates a
“chilling effect” for would-be travelers.
Nigen claims the statements raise concerns that he could get arrested
if he tries to move about for reasons other than grocery shopping or
medical visits.
“Mr. Cuomo’s threat that his directives will be enforced by law
enforcement cause Mr. Nigen to fear arrest if he attempts to travel for
any other purpose other than getting medical attention or obtaining
groceries, thus impermissibly chilling his exercise of his
constitutional rights to travel,” his lawsuit charges.
“Clearly, there is a grave public health emergency in New York. We
understand that,” Norm Pattis, Nigen’s attorney, said in a written
statement. “But lawful process matters and emergency orders of this
sort, if left unchallenged, will evolve into precedents with horrifying
consequences.”
The state Attorney General’s office said it is “reviewing the suit at this time.”
https://nypost.com/2020/03/27/brooklyn-lawyer-sues-cuomo-over-coronavirus-orders/
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