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Tuesday, July 07, 2020

The Judge...."Plaintiffs (with all due respect) confuse Defendant's public comments seemingly showing support for the rights implicated by the mass protests over the death of George Floyd with Defendant's alleged disregard for religion in failing to grant a similar exemption to Jewish overnight camps."


Federal Court Rejects Jewish Overnight Children's Camps Challenge to Closure Orders

 

The state of New York, the court concludes, hasn't impermissibly discriminated against such camps.

 


Today's decision by Chief Judge Glenn T. Suddaby in Ass'n of Jewish Camp Operators v. Cuomo rejects religious freedom and parental rights challenges to Gov. Cuomo's continuing order closing overnight children's camps. The court concludes that the government is entitled to a great deal of latitude in deciding on such public health measures; and while discriminatory targeting of religious practices might violate the Free Exercise Clause if comparable nonreligious behavior isn't forbidden, this isn't so here:
Although the Court agrees that not taking enforcement measures against various
protestors (including those seeking refuge in enclosed theater and museum lobbies for indeterminate periods of time) arguably indicates that Defendant created a de facto exemption to the executive orders, the existence of an exemption is not by itself determinative, as discussed above: the individualized exemptions must also be properly comparable to the challenged action, suggesting discrimination. See Soos, 2020 WL 3488742 (comparing outdoor graduations with outdoor church services when determining whether allowance of such graduations while prohibiting such church services made the executive orders not generally applicable).

In this case, Defendant's executive orders bar all overnight camps from opening during the summer of 2020. Instead of explaining why Jewish overnight camps are being treated differently than are secular overnight camps, Plaintiffs (with all due respect) confuse Defendant's public comments seemingly showing support for the rights implicated by the mass protests over the death of George Floyd with Defendant's alleged disregard for religion in failing to grant a similar exemption to Jewish overnight camps.

Simply stated, the Court finds that permitting children to sleep in groups in enclosed spaces for eight hours per day in overnight camps is not sufficiently comparable to permitting conscious adults to shelter for shorter periods of time inside theater and museum lobbies during mass protests. For example, at the time of this writing, although many mass protestors appear to have been violating social distancing protocols by engaging in various outdoor protests, no evidence has emerged that protestors have been so often assembling in such close proximity in enclosed spaces for such a long period of time that reasonably compares to the way children typically sleep in cabins at overnight camp….

[O]vernight camps, unlike day camps or childcare facilities "are a difficult setting to manage social distancing and face covering and infection control practices." Although mass protests may provide somewhat similar difficulties to manage social distancing and infection control practices, overnight camps "have congregate settings and sleeping arrangements in close quarters that present too many risks," which causes those camps to be potentially more dangerous for the transmission of the COVID-19 virus, as compared to the mass protests. Finally, Plaintiffs have provided no factual allegations or evidence to support their argument that businesses and non-profit organizations (such as theaters or museums) that temporarily open their lobbies (and their bathroom facilities) for public use generate the same or greater risk of transmission of the COVID-19 virus than overnight camps generate.

https://reason.com/2020/07/06/federal-court-rejects-jewish-overnight-childrens-camps-challenge-to-closure-orders/

7 comments:

Paul Mendlowitz said...

This is a straightforward ruling. Religion played no role in this ruling. It was “neutral” to religion as the judge stated over and over again. This was strictly about : Do overnight camps pose an unnecessary and added danger to the health of NY residents ? The answer is absolutely yes! And does the governor and the NYS Health Dept. have a right to make that determination? Absolutely yes! The baffling, or maybe not so baffling part of the Plaintiff’s argument is: “Jews need summer camp to fulfill their religious obligations” Say what?

Agudah Fresser said...

Ah but it was a religious matter after all because in Agudah Fresserism we worship the Almighty Dollar. Pfeiffer & the rest of our shvitzer camp owners are practically being koifer b'Ikker if they can't make any money off the backs of some dead kids.

But if Pfeiffer is not zoyche there is still hope from Sruly Reisman & the boys up in New Hampshire & our Fresser associates in the Poconos.

Plus there is a new virus outbreak in Lakewood that was imported from Florida

"Irrational" Cuomo is just a bump in the road. We shall overcome!

Anonymous said...

MAKE AMERICA GREAT FOREVER 2016 2020 2024 2028 2032 2036 2040 2044 2048 2052!

Anonymous said...

It is odd that the George Floyd psy-op/precursor to an Antifa terrorist insurgency happened just as COVID-19 loses traction.
It is odd that COVID-19 happened the moment the impeachment failed.
Odd too; the impeachment happened the moment that Russian hoax failed.
Russian hoax happened because Hillary lost the 2016 election.
Can you see the pattern?

Tawana Brawley said...

https://casetext.com/case/bankunited-na-v-blue-wolf-invs-llc

Agudah Fresser Zvi Bloom was involved in Barkany's ponzi scam as per a comment yesterday with the link. But he has much bigger problems lately, convicted of fraud for using Seasons Supermarkets as a personal piggybank. And he may still be under FBI / State AG investigation for playing fast & loose with charity money at the Platinum ponzi. Will the victims ever the get the millions Bloom owes or has he judgement proofed himself in the manner of Lipa Margulies & Al Sharpton?

Anonymous said...

It is odd that the George Floyd psy-op/precursor to an Antifa terrorist insurgency happened just as COVID-19 loses traction.
It is odd that COVID-19 happened the moment the impeachment failed.
Odd too; the impeachment happened the moment that Russian hoax failed.
Russian hoax happened because Hillary lost the 2016 election.
Can you see the pattern?

Anonymous said...

UOJ, what do you think of this, chaver?

"It was all Black… there were no brown people, no white people… everyone was Black. I am not a protester, I am the commanding general of my militia, we were swearing in new members," — NFAC Founder Grand Master Jay.

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