Some New York sheriffs refuse to enforce Cuomo's limit on Thanksgiving gatherings

After New York Governor Andrew Cuomo announced last week that indoor gatherings at private residences should be limited to 10 people, a handful of sheriffs across the state said they would not enforce this prescription.

The holiday season — including Thanksgiving next week — dangerously coincides with a resurgence of Covid-19 cases across the state, a dire situation that, Cuomo said Monday, can be mitigated through “smart behavior of New- Yorkers” and by the enforcement of Covid-19 by local governments. 19 restrictions.

However, in recent days, sheriffs in some upstate counties have spoken out against the order, saying they would not use police resources to enforce the 10-person cap on Thanksgiving gatherings in private residences.

“Who and how many people you invite [into] your home is your business,” Fulton County Sheriff Richard Giardino wrote in a viral Facebook post Sunday, adding that he would leave it to the residents of his county to make the right decisions for themselves and that Entering homes to “see how many turkey or tofu eaters are present” is not a priority for his office.

“The Fulton County Sheriff’s Office will NOT enforce this on county residents,” he wrote.

According to the state Department of Health's Covid-19 tracking system, Fulton County reported a 1.2% positivity rate among residents tested for the coronavirus on Sunday. Statewide, the positivity rate continues to rise sharply, along with increasing hospitalizations. As of Tuesday, the positivity rate in the state had reached 3.1 percent. The World Health Organization recommends that governments keep test positivity rates below 5%.

Giardino wrote that the order might even be unconstitutional: “Frankly, I'm not sure it could stand a constitutional challenge in court for several reasons, including that your house is your castle. And as a sheriff with a law degree, I couldn't, in good faith. try to defend him [in] Court, so I won't do it.

In Erie County, where 272 new positive Covid-19 cases were included Monday out of a total of 18,018, Sheriff Timothy B. Howard said in a statement Friday: “I have no intention of 'use the resources of my office or MPs to break the great tradition. of Thanksgiving dinner.

“This national holiday has created long-standing family traditions that are at the heart of America, and these traditions should not be stopped or interrupted by Governor Cuomo's mandates,” Howard wrote. “My office will respect the sanctity of your home and traditions, and I encourage you to follow your heart and act responsibly and do what is best for your family.”

Nine people in Erie County died from Covid-19 on Sunday, more than in any other county in New York, according to figures from the governor's office.

Saratoga County Sheriff Michael Zurlo joined the list of rebel sheriffs Monday with a press release informing residents that his office would prioritize other 911 calls.

“We have seen an increase in various types of calls and we need to prioritize,” Zurlo said. “I don’t see how devoting our resources to counting cars in citizens’ driveways or investigating how much turkey and salad dressing they purchased would be for the public good.”

Zurlo said his office “considers the private residences of its citizens sacrosanct and, as always, will respect that.” In response to numerous inquiries about whether his office would enforce Cuomo's order, he said, “the Saratoga County Sheriff's Office will not.”

Saratoga County recorded 47 new positive coronavirus cases Monday, according to the state health department.

Sheriffs in Fulton, Erie and Saratoga counties did not immediately respond to requests for comment.

The governor's office had no comment on the sheriffs and others who spoke out against the order.

In announcing the executive order last week, Cuomo said: “Rules are only as good as they are enforced. Local governments are responsible for their enforcement. There are only two fundamental truths in this situation: it is individual discipline and it is government enforcement. Period. End of sentence. I need local governments to enforce this. »

The executive order included a series of other Covid-19-related restrictions, including those on bars, restaurants and gyms across the state.