Coronavirus Red Zone Restraining Order Denied

A federal judge refused Friday to issue a temporary restraining order blocking Gov. Andrew Cuomo’s executive order imposing drastic restrictions on attendance at houses of worship in six coronavirus clusters in downstate New York.

The six clusters, where the rate of infection is much higher than in the rest of the state, were targeted in an initiative to stop the rising cases, which the governor likened to embers in dry grass. Inside the core of the clusters, the state closed schools and non-essential businesses, banned mass gatherings, and limited houses of worship to 10 people for 14 days as of Friday.

The clusters are in predominantly Ultra-Orthodox communities in Orange and Rockland counties, Brooklyn and Queens.

After two nights of violent protest in Brooklyn, during which Hasidic men stoned one member of the community who supported wearing masks, and chased down and beat a reporter, several Jewish organizations sued the state.

Agudath Israel, together with associated synagogues and rabbis, filed for injunctive relief in federal court, in light of the fact that in the three holiday days of Hoshanah Rabbah, Shemini Atzeres and Simchas Torah, the executive order would make it impossible for Orthodox Jews to worship as their religion intends.

The Agudah filing was clear that social distancing, masking, and other measures against COVID-19 transmission would and should still be actively encouraged and performed. At the same time, it made the point that it is eminently possible to allow more than 10 people to pray in a large shul building and still use safe protocols to stem disease transmission.

In her decision, Federal District Judge Kiyo Matsumoto rejected Agudath Israel’s request for a temporary restraining order. In her opinion, the damage inflicted by the executive order, which covers 14 days, was not "irreparable." She pointed to the fact that houses of worship were locked down in the early phases of the pandemic and that religious practitioners dealt with it.

“This ruling is disappointing, to say the least,” said Rabbi Chaim Dovid Zwiebel, executive vice president of Agudath Israel. “Of course we understand the importance of taking precautionary measures against COVID-19, but there are ways to do so without totally disrupting our ability to use our shuls. Looking ahead, we will continue to do all in our power to defend our constituents’ rights, while at the same time promoting all appropriate health protocols.”

Agudah Chairman of the Board Shlomo Werdiger expressed his regret over the ruling, and called upon Cuomo and other governmental officials to be more solicitous of the community’s legitimate religious needs.

"Whether the issue relates to our shuls, or to our yeshivos, or to anything that is essential to us as a religious community, we appeal to our elected officials and executive agencies to work with us collaboratively in developing policies that both ensure good health and allow us to practice our faith," Werdiger said. "It shouldn’t be necessary to have to fight these things out in court."

Other members of the community disagreed.

A press conference Friday, organized by NYJA, included rabbis from all major Jewish denominations and Jacob Kornbluh, a reporter from the Jewish Insider who was attacked at a protest against lockdown measures in Borough Park this week.

Leaders on the virtual press conference Friday contended that the "posturing of religious freedom" against safety rules is "blasphemy."

"We want to be crystal clear that there is no higher Jewish value than saving a human life," NYJA co-founder Matt Nosanchuk said. "Those that are fighting against COVID measures are a minority, they are fringe, and they do not speak for all Jews."

Rabbis said part of the problem has been "medical disinformation" in communities who believe they have antibodies or early on were promoting false "cures" to the virus. Health officials have struggled to dispel myths that herd immunity has been achieved in certain neighborhoods.

SEE ALSO:

• New York 'At Risk' Of Coronavirus Outbreak, Analysis Finds
• 'For Shame': 100s Of Rabbis Condemn Brooklyn Lockdown Protests
• State Establishes Cluster Zones In Orange Where Virus Is Spiking
• Teachers Want All East Ramapo Schools Online During Red Zone Restrictions
• Rockland Had 4 Of 20 Top Coronavirus Hot Spots Thursday: Cuomo
• COVID-19 Hospitalization Rates Higher In Orange, Rockland
• Cuomo Closes Schools, Businesses In Rockland, Orange Hot Spots
  

Patch Editor Anna Quinn contributed to this report.