A NY sheriff has publicly stated he will not enforce NY Governor Cuomo’s limit to 10 people in private gatherings.
Fulton County Sheriff Richard Giardino wrote in a viral Facebook post:
With regard to the Thanksgiving Executive Order, the Fulton County Sheriff’s Office will NOT be enforcing it against our County residents. Frankly, I am not sure it could sustain a Constitutional challenge in Court for several reasons including your house is your castle. And as a Sheriff with a law degree I couldn’t in good faith attempt to defend it Court, so I won’t.
Who and how many people you invite in to your home is your business, unlike outdoor gatherings which may receive a police response if disorderly or other violations of public nuisance laws occur.
We have limited resources and we have to set priorities, so obtaining a Search Warrant to enter your home to see how many Turkey or Tofu eaters are present is not a priority. We won’t be doing that. The only way to enter your residence is if we have a warrant, we are invited in or an exigent or emergency circumstance exist. We have three patrols a shift for 500 square miles, monitoring Family Dinners aren’t our priority.
So don’t feel a need to hide cars, cover with leaves or walk 3 blocks so your house doesn’t become a target of the Governors EO.
I trust people in Fulton County to use their own judgement on who and how many people they invite. Obviously if you have high risk family members you will weigh the risks to your loved ones versus the reward. Thanksgiving is just that, a time to give thanks for what we have or have received over the year.
He later added an update:
Someone just anonymously emailed and said of course the Executive order doesn’t apply to people who live in home. EO states limit 10 or fewer people private residents. Does not state any exceptions.
Albany County Sheriff Craig Apple summarized it best when he said:
It’s sometimes in the messaging, most people will respond better when asked; not told to do something. Especially when it comes to reducing the spread of CV19 and saving lives.
Giardino also appeared on Fox News to discuss his rejection of Cuomo’s order.
Here is his full Facebook post: