In a case brought by Catholics & Orthodox Jews, Judge Gary Sharpe said @MayorNYC and @NYGovCuomo treated mass protests better than religious assemblies, which “sent a clear message that mass protests are deserving of preferential treatment” but religious groups were not. (2/x)
Citing “simultaneous pro-protest/anti-religious gathering messages,” Judge Sharpe ruled that the orders violate the #FirstAmendment because they don’t apply equally to religious assemblies and secular assemblies. (3/x)
Judge Sharpe based his ruling on precedents from prior @BECKETlaw cases, where other courts had ruled that religious groups should not be targeted for special disfavor by government officials. (4/x)
becketlaw.org/case/stormans-…
becketlaw.org/case/stormans-…
The targeting here was particularly obvious since @MayorNYC de Blasio repeatedly singled out Orthodox Jews: “My message to the Jewish community, and all communities, is this simple: the time for warnings has passed.” (5/x)
On another occasion, @MayorNYC de Blasio told a reporter “I’m sorry” but that religious worship was “not the same question” as protests—evidence of discrimination against religion and his preference for a specific type of speech and exercise. (6/x)
Judge Sharpe also noted that NY wants to limit houses of worship to 25% while retail, restaurants, and offices opened at 50% indoor capacity. Religious services were limited to 10-person outdoor services, while outdoor graduation ceremonies were allowed up to 150 people. (7/x)
This is a big win for religious freedom. Religious groups are not looking for special treatment during the time of pandemic – they are looking for *equal* treatment. That is what Judge Sharpe’s decision today requires Mayor de Blasio and Governor Cuomo to do. (end)
Here’s the link to the opinion: s3.amazonaws.com/becketnewsite/… @DouthatNYT @wjmcgurn @SohrabAhmari @DavidAFrench
