In their lawsuit, rabbis, leaders of synagogues and the national Orthodox Jewish group Agudath Israel had argued that Governor Andrew Cuomo was singling out Jews during the weeklong Sukkot holiday and this weekend’s Simchat Torah holiday, which marks the annual cycle of reading the Torah.
“That targeting of a religious minority on the eve of its holidays is reason enough to reject all of defendant’s arguments and allow plaintiffs to celebrate their holidays this weekend as they have for over 2,000 years,” the groups argued in a Friday court filing.
*A federal judge refused on Friday to block New York’s plan to temporarily limit the size of religious gatherings in COVID-19 hot spots.
US District Judge Kiyo Matsumoto issued the ruling after an emergency hearing in a lawsuit brought by rabbis and synagogues, arguing the restrictions were unconstitutional. They had sought to have enforcement delayed until at least after the Jewish holidays this weekend.
The rules limit indoor prayer services to 10 people in areas where the virus is spreading fastest. In other areas within hot spots, indoor religious services are capped at 25 people.
Ruling from the bench, the judge said the state had an interest in protecting public safety.
“And a mass gathering is not less dangerous simply because it is religious in nature,” reads Cuomo’s filing. “Moreover, the right to practice religion freely does not include liberty to expose the community… to communicable disease.”