NY sheriff refusing to enforce Andrew Cuomo’s Thanksgiving order
A New York sheriff said that he will not direct his department to enforce Gov. Andrew Cuomo’s 10-guest limit for Thanksgiving dinners.
“With regard to the Thanksgiving Executive Order, the Fulton County Sheriff’s Office will NOT be enforcing it against our County residents,” said Fulton County Sheriff Richard Giardino in a Facebook post. “Frankly, I am not sure it could sustain a Constitutional challenge in Court for several reasons including your house is your castle. And as a Sheriff with a law degree I couldn’t in good faith attempt to defend it Court, so I won’t.”
“Who and how many people you invite in to your home is your business, unlike outdoor gatherings which may receive a police response if disorderly or other violations of public nuisance laws occur,” the statement continued.
Giardino went on to explain that his department has limited resources and did not think enforcing a Thanksgiving dinner limit was a good use of them.
“We have limited resources and we have to set priorities, so obtaining a Search Warrant to enter your home to see how many Turkey or Tofu eaters are present is not a priority,” Giardino said. “We won’t be doing that. The only way to enter your residence is if we have a warrant, we are invited in or an exigent or emergency circumstance exist. We have three patrols a shift for 500 square miles, monitoring Family Dinners aren’t our priority.”
“So don’t feel a need to hide cars, cover with leaves or walk 3 blocks so your house doesn’t become a target of the Governors EO,” the statement continued.
Giardino said he trusts citizens under his jurisdiction to use their best judgment when it comes to limiting the spread of COVID-19.
“I trust people in Fulton County to use their own judgement on who and how many people they invite,” Giardino said. “Obviously if you have high risk family members you will weigh the risks to your loved ones versus the reward. Thanksgiving is just that, a time to give thanks for what we have or have received over the year.”
“The constant barrage of Government Regulations and control over your daily lives has added to mass depression, the exacerbation of other medical conditions due to stress and the disruption of your normal routine,” the statement continued.
Cuomo issued a new round of restrictions for New York last week amid an increase of COVID-19 cases in the state. In addition to the 10-person private gathering limit, Cuomo ordered all bars and restaurants to close at 10 p.m., while allowing restaurants to stay open overnight if they offer delivery without alcohol.
Cuomo said that if the numbers kept going up, he would be forced to enact even stricter measures.
“If the measures are not sufficient to slow the spread, we will turn the valve more and part of that would be reducing the number of people in indoor dining,” Cuomo said.