A Setback For Businesses That Challenged Gov. Cuomo
Local business owners who tried to push back on Governor Cuomo's COVID restrictions were dealt a setback yesterday.
Their motion for court intervention has been denied.
In one of the first legal challenges to Governor Cuomo's Executive Orders during the pandemic, Federal Judge William Skretny maked it clear, it would not be appropriate to interfere with those powers, at least not at this point.
“They are struggling. They’re barely able to keep their lights on.”
Attorney Steven Cohen filed the civil papers seven weeks ago for nine businesses who challenged the Governor’s authority to impose mask requirements and capacity limits on their bars strip clubs and bowling alleys. The motion was denied in a 50 page ruling in which William Skretny writes;
“Weakening the state’s response to a public health crisis by enjoining it from enforcing measures….to stop The spread of Covid-19 is not in the public interest.”
Cohen responded to the ruling by saying...
“What this Governor’s seen fit to do is to impose the will of government and to usurp legislative power and stop the economy from proceeding. That’s intolerable,”
Cohen indicated he’ll take this to the next level, the Second Circuit Court of Appeals if necessary. Judge Skretny concluded that Cuomo’s executive orders are temporary and;
“While it is no secret that reasonable minds can and do differ over what measures might be most effective and desirable in the fight against Covid, there is little debate in this forum. It is for the state to determine and implement, with wide latitude, such emergency measures as it deems reasonably necessary to protect the public welfare.”