Another lawsuit challenging New York Gov. Andrew Cuomo’s Oct. 6 Executive Order targeting Covid-19 hot spots was filed on Wednesday by three Hasidic Jewish congregations in Rockland County (NY). The complaint (full text) in Congregation Yesheos Yakov v. State of New York, (SD NY, filed 10/14/2020), alleges that the Order was directed at “activities of specific minority religious communities during one of the most important religious holidays in their faith.” Alleging numerous violations of the 1st and 14th Amendments, the complaint says in part:
2. The Governor freely and repeatedly admitted his decision was not driven by science, or data, but, by “fear.”
3. Based on this fear, and not on any epidemiological or other objective data, Governor Cuomo’s Executive Order No. 202.68 … established colorcoded COVID-19 “hot-spot” zoning areas subject to gathering limits and restrictions that singled out as “hot-spots” known enclaves of the Hasidic and strictly-observant Jewish Orthodox communities.