Roman Catholic Diocese of Brooklyn v. Cuomo - No. 20-cv-4844(NGG)(CLP), 2020 U.S. Dist. LEXIS 188459 (E.D.N.Y. Oct. 9, 2020)

Rule:

The government is afforded wide latitude in managing the spread of deadly diseases under the Supreme Court's precedent in Jacobson v. Massachusetts, 197 U.S. 11, 27, 31, 25 S. Ct. 358, 49 L. Ed. 643 (1905).

Facts:

Plaintiff Roman Catholic Diocese of Brooklyn sought a temporary restraining order and preliminary injunction against Governor Cuomo's Executive Order No. 202.68 ("Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency") (hereinafter the "Emergency Order"), which significantly restricted attendance at “houses of worship” in certain parts of New York, in response to a large uptick in COVID-19 infection rates. Plaintiff alleged that the Order, as applied to it, violated the Free Exercise Clause of the First Amendment.

Issue:

Was the Order restricting attendance at houses of worship violative of the Constitution, thereby entitling plaintiff to a temporary restraining order and preliminary injunction?

Answer:

No.

Conclusion:

The Court denied plaintiff’s motion for a temporary restraining order, holding that the government was afforded wide latitude in managing the spread of deadly diseases under the Supreme Court’s precedent in Jacobson v. Massachusetts, 197 U.S. 11, 27, 31, 25 S. Ct. 358, 49 L. Ed. 643 (1905). According to the Court, a community has the right to protect itself against an epidemic of disease which was threatening its members, and judicial scrutiny should be limited to laws that have "no real or substantial relation to" that purpose. For this reason, courts have rejected similar claims under the Free Exercise Clause. The Court, however, held that the plaintiff may apply to Judge Garaufis for a preliminary injunction, as the record may be developed more fully.