N.Y. Sheriff Says He Will Not Enforce Rules Limiting Family Gatherings
GIARDINO: “These are executive orders. That’s why he can issue an executive order to a bar, a restaurant or a gym because they all have licenses under the State Liquor Authority or the Health Department, and so therefore, he's got control under the authority of his departments, and they can limit hours, they can limit masks, they can limit distancing and seats in a restaurant. And they can fine them, but an executive order aimed at an individual in their home, everyone just gets that sense without even being able to cite the law that something is wrong with that. Now, interesting, your lead-in, in Oregon it was six people at your home. In New York it's 10. So does that mean that the Covid is more dangerous in Oregon and less dangerous in New York? It means they’re picking arbitrary numbers. So that’s one reason it would not survive constitutional muster. As a former superior court judge and a former district attorney, it’s incumbent on myself and the Governor, who both took an oath of office to uphold the Constitution, and I’ll stand by the Constitution every day, over an executive order."