Federal courts have ruled against New York Governor Cuomo and Mayor de Blasio for making a special exception for approved protests to their bans on outdoor gatherings, including religious services:
U.S. District Judge Gary L. Sharpe issued a preliminary injunction against Mr. Cuomo, a Democrat, the state’s attorney general and New York City Mayor Bill de Blasio, saying he sensed an unconstitutional double standard in officials condoning mass protests in the wake of the Minneapolis police killing of George Floyd but continuing to restrict religious assembly.
“It is plain to this court that the broad limits of that executive latitude have been exceeded,” Judge Sharpe wrote. “They could have also been silent. But by acting as they did, Gov. Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment.”
My opinion is that this ruling is a good first step in restoring the Bill of Rights.
As I have noted before, the courts seem to believe that revoking civil is okay so long as it is indiscriminate. Banning all gatherings is still fine so long as there are no special exceptions and a plausible claim of a heath concern.