Brooklyn Diocese, Jewish Groups Sue Cuomo Over Coronavirus Rules

NEW YORK, NY — The Brooklyn Diocese and several Jewish organizations have taken their fight against renewed coronavirus restrictions in New York city hotspots to the courts.

The Roman Catholic Diocese of Brooklyn and Jewish nonprofit Agudath Israel of America both filed lawsuits on Thursday arguing that the governor's limits on gatherings in houses of worships in certain Brooklyn and Queens neighborhoods seeing coronavirus spikes have violated their religious freedom.

The suits call for a temporary restraining order to prevent Cuomo's rules, which will limit houses of worship to gatherings of no more than 10 people in the most restrictive "red zone."

“The executive orders this week have left us with no other option than to go to court,” Bishop of Brooklyn Nicholas DiMarzio said. “The State has completely disregarded the fact that our safety protocols have worked and it is an insult to once again penalize all those who have made the safe return to Church work.”

The diocese contends that church gatherings have had an "inconsequential role" in the coronavirus spikes that led to the temporary restrictions. The Brooklyn and Queens churches worked with the New York City Office of Emergency Management when first reopening July 5 and have followed safety rules since, the diocese says.

The lawsuit from Jewish groups — which include synagogues in Kew Gardens and Madison Brooklyn as plaintiffs — claims Cuomo's executive order was particularly discriminatory given that it was put out 48 hours before Jewish holidays on Oct. 9, 10 and 11.

The suit was a "last resort" after the governor failed to work with Jewish leaders on rules that would allow celebrations to continue, the groups said.

“Social distancing, masking, and all health precautions must, of course, be observed,” said Rabbi Chaim Dovid Zwiebel, executive vice president of Agudath Israel. “However, we think that it is possible to stay safe and at the same time have more than ten people in a Shul building that is meant to hold hundreds.”

The Orthodox Jewish community, who cannot drive to a synagogue outside of the "red zone" on Shabbos or for holidays such as Shemini Atzeres and Simchas Torah, are disproportionately impacted, the group said.

The lawsuits come as the Orthodox Jewish community in Borough Park take to the streets to protest the restrictions. Local elected officials have also called Cuomo's executive order into question, saying in a joint statement that the local shutdown is "scientifically and constitutionally questionable."