By Rabbi Yair Hoffman for 5tjt.com

The Rabbis of a number of shuls in the newly declared zones are not granting the option for their shuls to hold minyanim outside for their congregants.   I feel that they are incorrect.  According to my reading of federal Judge Gary Sharpe’s ruling of June 26^th, 2020 (pages 37 and 38), barring any new legal development, it is illegal for the governor of New York State to impose limitations on outdoor religious gatherings provided that these gatherings maintain social distancing and wear masks.

The ruling can be downloaded at:  https://www.thomasmoresociety.org/wp-content/uploads/2020/06/Dist.-Ct.-Memo-and-Order-June-26-2020.pdf

The order reads as follows (#2) [Keep in mind that the defendants are Andrew M. Cuomo et al]:

and it is further ORDERED that defendants are ENJOINED and RESTRAINED as follows:

(2) from enforcing any limitation for outdoor gatherings provided that participants in such gatherings follow social distancing requirements as set forth in the applicable executive orders and guidance;

The Rabbis are not calling for outdoor minyanim because they are scared of the draconian fine of fifteen thousand dollars for violating the governor’s laws.

This author showed this to both Hershel Wein esq. and David Seidemann esq. who agreed with this author’s reading of the federal judge’s ruling.

Every Rabbi is urged to check with their shul’s own lawyer on the matter.

Also, this author has been advocating the use of outdoor minyanim as much as possible since studies show that the infection rate (without masks) are 19 times higher indoors than outdoors.

What must be done of course is signs must be posted to maintain social distancing and to wear masks.  This must be strictly enforced.

THE NEW INITIATIVE

The new initiative does not mention outdoor religious gatherings.

New Rules and Restrictions in Effect for Minimum of 14 Days

Governor Andrew M. Cuomo today announced a new cluster action initiative to address COVID-19 hot spots that have cropped up in Brooklyn, Queens, and Broome, Orange and Rockland Counties. Working with the top public health experts, New York State developed a science-based approach to attack these clusters and stop any further spread of the virus, including new rules and restrictions directly targeted to areas with the highest concentration of COVID cases and the surrounding communities. The new rules will be in effect for a minimum of 14 days.

The plan was developed in consultation with national public health experts including Dr. Noam Ross of EcoHealth Alliance, Dr. Michael Osterholm of the University of Minnesota and former CDC Director Dr. Tom Frieden.

“A cluster is just that – it’s a cluster of cases, a high density of cases, and it seeps and grows from that cluster almost in concentric circles. Drop a pebble into the pond, the pebble goes in, then there’s one ring, two rings, three rings, and the rings continue across the pond. When you see the cluster, you have to stop it at that point,” Governor Cuomo said. “Our strategy is to crush the cluster and stop the spread, and we’re announcing a special initiative to do just that. Step one, you take the most dramatic action within the cluster itself where you have the highest density of cases. Understanding that the people in that cluster interface with the surrounding communities, take additional action in the communities surrounding the cluster. Then as a precautionary measure, take action in the communities that are outlying that area.”

The initiative is composed of three steps:

Take dramatic action within the cluster.

Take action in the area surrounding the cluster to stop the spread.

Take precautionary action in the outlying communities.

The initiative will currently apply to clusters in the following areas:

The initiative will divide clusters and the areas around them into three categories with successively higher restrictions within each one:

Red Zone — Cluster Itself

Houses of Worship: 25 percent capacity, 10 people maximum

Mass Gatherings: Prohibited

Businesses: Only essential businesses open

Dining: Takeout only

Schools: Closed, remote only

Orange Zone — Warning Zone

Houses of Worship: 33 percent capacity, 25 people maximum

Mass Gatherings: 10 people maximum, indoor and outdoor

Businesses: Closing high-risk non-essential businesses, such as gyms and personal care

Dining: Outdoor dining only, 4 person maximum per table

Schools: Closed, remote only

Yellow Zone — Precautionary Zone

Houses of Worship: 50 percent capacity

Mass Gatherings: 25 people maximum, indoor and outdoor

Businesses: Open

Dining: Indoor and outdoor dining, 4 person maximum per table

Schools: Open with mandatory weekly testing of students and teachers/staff for in-person settings. The New York State Department of Health will establish a percentage of teachers and students/staff who need to be tested by Friday.

The enforcement of the zones will go into effect as soon as tomorrow and no later than Friday.

Governor Cuomo also announced that fines for the sponsors of mass gatherings in violation of state public health rules will be increased to $15,000.

Contact the Governor’s Press Office

Contact us by phone:

The author can be reached at [email protected]