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August 6th, 2020: Governor Andrew Cuomo described gyms as a “dangerous activity"
August 17th, 2020: "As New York maintains daily positive test rates below 1 percent, the State has determined that local elected officials can allow gyms and fitness centers to reopen at 33 percent capacity while following rigorous safety protocols, including wearing masks at all times," Governor Cuomo said.
What changed?
There was a class action lawsuit (gym owners) which included an injunction which was to be responded to by the State on August 13th. I could not find any news reports or court filings regarding the injunction but it is awfully coincidental. They are also seeking damages which I hope they are awarded. Clearly, the State is unable to justify in court their arbitrary and capricious "rules" or else they would not have caved. FOLLOW THE SCIENCE... or something like that
IMO, more business owners need to band together and file class action lawsuits against the State for their "rules" such as 50% capacity in restaurants and other silliness.
IMO, more business owners need to band together and file class action lawsuits against the State for their "rules" such as 50% capacity in restaurants and other silliness.
I'll agree with you in concept. The problem is that the judiciary is all appointed by the same goon who makes these silly rules. Right/wrong, science, common sense mean nothing. The judges won't bite the hand that appoints them and can elevate them to higher office.
Look at Michigan. Witmer overstepped her bounds. The court upheld her power to keep the state of emergency for as long as she - and only she - wants to keep it. The ruling was confirmed on appeal.
Cuomo has had blatantly absurd laws (the "real" kind passed by the legislature) challenged in court and came away with favorable rulings.
I fully support legal challenges to these royal edicts, but am not confident the judicial branch has the stones to stand up to Cuomo.
I'll agree with you in concept. The problem is that the judiciary is all appointed by the same goon who makes these silly rules. Right/wrong, science, common sense mean nothing. The judges won't bite the hand that appoints them and can elevate them to higher office.
Look at Michigan. Witmer overstepped her bounds. The court upheld her power to keep the state of emergency for as long as she - and only she - wants to keep it. The ruling was confirmed on appeal.
Cuomo has had blatantly absurd laws (the "real" kind passed by the legislature) challenged in court and came away with favorable rulings.
I fully support legal challenges to these royal edicts, but am not confident the judicial branch has the stones to stand up to Cuomo.
I am hoping that some of these cases will make it up to the Supreme Court since there are, IMO, clear cut constitutional issues with many of these edicts.
I'll agree with you in concept. The problem is that the judiciary is all appointed by the same goon who makes these silly rules. Right/wrong, science, common sense mean nothing. The judges won't bite the hand that appoints them and can elevate them to higher office.
Look at Michigan. Witmer overstepped her bounds. The court upheld her power to keep the state of emergency for as long as she - and only she - wants to keep it. The ruling was confirmed on appeal.
Cuomo has had blatantly absurd laws (the "real" kind passed by the legislature) challenged in court and came away with favorable rulings.
I fully support legal challenges to these royal edicts, but am not confident the judicial branch has the stones to stand up to Cuomo.
Judges are elected in NY, however they are appointed to the appellate courts by the governor. So, really depends on the judge. Republican judges who know they have no chance in hell of being bumped up to the Appellate Division or Court of Appeals under a Democratic governor may be more apt to take action. Still, the Appellate Courts are stocked with Democrats now after a solid string of Democratic governors since Pataki, so they may be overturned.
Judges are elected in NY, however they are appointed to the appellate courts by the governor. So, really depends on the judge. Republican judges who know they have no chance in hell of being bumped up to the Appellate Division or Court of Appeals under a Democratic governor may be more apt to take action. Still, the Appellate Courts are stocked with Democrats now after a solid string of Democratic governors since Pataki, so they may be overturned.
Understood. The problem with the democrat elected judges is they don't stand a chance of getting "promoted" with an appointment to the higher court unless they toe the party line. It's all politics, and in NYS that generally means the dems win.
Edited to add: getting re-elected is also problematic for those that go against the party. This topic is highly political. Challenging Cuomo's edicts would not only be against the party, the Gov would likely take it personally and want to destroy the judge in question. So it becomes political suicide for a Dem to rule against Cuomo. It also becomes pointless when the (as you point out) appeals court rules in his favor.
Again - go for it. Cuomo and the other Govs need to be called out. Just don't be disappointed by the ruling.
There's a chance that the lawsuits will inspire a rule change even without a judge ordering anything. The article OP linked indicates that there was as class action filed by gym owners, and shortly thereafter Cuomo allowed them to re-open. No ruling necessary.
There's a chance that the lawsuits will inspire a rule change even without a judge ordering anything. The article OP linked indicates that there was as class action filed by gym owners, and shortly thereafter Cuomo allowed them to re-open. No ruling necessary.
I'm not disagreeing.
My feeling is that Cuomo knows he is on very shaky legal ground. What he has been doing is a standard government tactic. They invoke an over-reaching rule. Someone files a court challenge. They then relax that rule, throwing the court challenge into turmoil.
IMO, he's been doing that to some degree with bars and restaurants. From what I have seen, he's not so much enforcing his edicts _directly_. He's sending the liquor authority and health departments to issue violations and pull licenses. Cuomo is a complete horse's ass, but he's no dummy. (Yes, there are also $5,000 fines being issued for COVID violations. It would cost the small pub owner more than that to fight it in court).
The gyms are allowed to open, but the conditions are insane. They may work for large operation like planet fitness. They are virtually impossible for a small operation to fully comply. Small places rent their space and can't force landlords to upgrade the HVAC system. Bathrooms have to be cleaned every two hours - whether or not they have been used. He's bullying the small guy who can't fight back.
I'm all for as much legal action as someone can throw against this dictator. In a perfect world, the Moreland Commission would be reinstated so they can throw his racketeering butt into jail. Him, Silver, and Skelos can play hide the salami with each other (I know - some convictions were overturned. A guy can hope, can't he?).
It's just disheartening that whenever a good case is filed (as with the gym owners) the state makes some *minor* concessions to screw up the lawsuit. I'm tired of losing 100% to get back 20%. I look at Michigan and can't believe the court sided with the Gov. Sure, the legislature wrote some horrible law, but the ruling essential created a dictatorship in the state.
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