Religion and the Law
N.Y. Officials' Endorsement of Anti-Racism Protests Leads to Successful Religious Freedom Challenge to Gathering Ban
"The City's argument that temporary selective enforcement of the challenged laws with respect to mass race protests is a matter of public safety ... would perhaps be legitimate but for Mayor de Blasio's simultaneous pro-protest/anti-religious gathering messages, which clearly undermine the legitimacy of the proffered reason for what seems to be a clear exemption, no matter the reason."
Eugene Volokh |The Volokh Conspiracy | 6.26.2020 11:07 AM
From Judge Gary Sharpe's opinion today in Soos v. Cuomo (N.D.N.Y.):
Pending is an application for preliminary injunctive relief filed by plaintiffs Reverend Steven Soos, Reverend Nicholas Stamos, Daniel Schonbrun, Elchanan Perr, and Mayer Mayerfeld … seek an order restraining and enjoining defendants Andrew M. Cuomo, Governor of the State of New York; Letitia James, Attorney General of the State of New York; and Bill de Blasio, Mayor of the City of New York: (1) from enforcing any gathering limits to outdoor religious gatherings; and (2) from imposing any limitation on indoor gathering … for religious gatherings in parity with the 100% occupancy allowed for favored "essential businesses," day camps and special education classes, or, alternatively, at least 50% occupancy in keeping with what is permitted for "non-essential" businesses and every other indoor activity allowed to continue under Phases Two and Three except religious activity, which alone is still arbitrarily confined to 25% occupancy.
more
https://reason.com/2020/06/26/n-y-officials-endorsement-of-anti-racism-protests-leads-to-successful-religious-freedom-challenge-to-gathering-ban/
