While Governor Andrew Cuomo ordered a 10-person limit per party last week, a handful of sheriffs across the state have said he will not enforce the edict, which seeks to slow the high rate of new infections as they approach. the holidays.
However, in recent days, sheriffs in some upstate New York counties have publicly spoken out against the governor’s order. Law enforcement agencies have said they will not use police resources to enforce the 10-person limit for Thanksgiving gatherings in private residences.
“Who and how many people you invite into your home is your business,” Fulton County Sheriff Richard Giardino wrote in a viral Facebook post Sunday.
Giardino added that he is confident that the residents of his county will do the right thing.
“Determining how many turkey or tofu diners are present” is not a priority for his office, he added.
According to health officials, Fulton County on Sunday reported a positivity rate of 1.2% among residents tested for the coronavirus.
Across the state, the positivity rate continues to rise dramatically, along with the rise in hospitalizations. As of Tuesday, the positivity rate in the state reached 3.1%. The World Health Organization recommends that governments keep test positivity rates below 5%.
“The Fulton County Sheriff’s Office will NOT enforce the guideline against residents of our county,” Giardino wrote of the governor’s order.
“Frankly, I am not sure that you can sustain a constitutional challenge in court for various reasons, including breaking into privacy in your home. And as a bailiff with a law degree, I couldn’t in good faith attempt to defend it. [en] the court, so I won’t. “
Erie County saw 272 new positive COVID-19 cases Monday.
“I have no plans to use the resources of my office to break the great Thanksgiving dinner tradition,” Sheriff Timothy B. Howard said in a statement.
“This national holiday has created long-standing family traditions that are at the heart of the United States, and these traditions should not be stopped or interrupted by Governor Cuomo’s tenures,” Howard wrote. “My office will respect the sanctity of your home and its traditions, and I encourage you to follow your heart and act responsibly and do what is best for your family.”
On Sunday, nine people in Erie County died of COVID-19, more than any other county in New York, according to figures from the governor’s office.
Saratoga County Sheriff Michael Zurlo joined the list of defiant sheriffs Monday with a news release.
Zurlo informed residents that his office will prioritize other 911 calls.
“We have seen an increase in a variety of call types and we have to prioritize,” Zurlo said in a press release. “I don’t see how to devote our resources to counting the cars at the citizens’ driveways or investigating how much turkey and dressing they have bought serves the public good.”
Zurlo said his office “considers the private residences of its citizens sacrosanct and, as always, will respect them.”
“The Saratoga County Sheriff’s Office will not enforce Cuomo’s directive,” he added.
On Monday, Saratoga County registered 47 new positive cases of coronavirus, according to the state Department of Health.
Fulton, Erie and Saratoga County sheriffs did not immediately respond to requests for comment from NBC News.
The governor’s office has not commented on these sheriffs and others who have spoken out against the order.
Similarly, the New York Police Department will also not impose the limit on Thanksgiving family gatherings in the Big Apple, Mayor Bill de Blasio said Tuesday.
“Sometimes New Yorkers break the rules,” the mayor said. “When it comes to family, our best effort is to educate the people and know that the majority will listen and follow the lead.”
However, the mayor said that the police will act only in large and uncontrolled gatherings.
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