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Monday, July 06, 2020

JEWISH CAMPS' PETITION DENIED!

CourtListener Docket Alert

1 New Entry in Association of Jewish Camp Operators v. Cuomo (1:20-cv-00687)

District Court, N.D. New York


Document
Number
Date Filed Description Download PDF
28 Jul 6, 2020 DECISION AND ORDER that Plaintiffs' motion for a preliminary injunction (Dkt. No. 7 ) is DENIED. Signed by Chief Judge Glenn T. Suddaby on 7/6/2020. (sal ) (Entered: 07/06/2020) Buy on PACER
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A federal judge today ruled in favor of the Governor - upholding Cuomo’s decision to disallow camps this summer due to the COVID-19 pandemic.

Citing the potential dangers of sleeping in bunks and other possible risks involved in sleepaway camp settings, on June 12, Governor Cuomo made public his decision to bar sleepaway camps from operating in the State of New York this year.

The Association of Jewish Camp Operators sued the State in federal court over this decision and later filed for a temporary restraining order on the Governor’s decision.
 
At today’s hearing, the judge sided with the Governor and denied sleepaway camps the ability to operate this year.

The camps were represented by Bennet J. Moskowitz, Esq., Avi Schick, Esq., and William Alexander Smith, Esq. from Troutman Pepper.

The State represented by Christopher Liberati-Conant, Esq. Assistant Attorney General from Attorney General For New York Hon. Letitia A. James's office argued that the Governor and State at large were protected by legislative immunity because a public official is shielded from liability and injunctions if their actions can be determined to be in the public interest.

Hon. Glenn T. Suddaby, Chief United States District Judge from the Northern District Of New York, who heard the case found that the closure of camps for summer 2020 was ultimately in the public interest due to the appearance of health risks involved. The judge cited the means of transmission of the coronavirus through droplets as a primary risk factor.

The camps argued that the Cuomo decision to disallow camps was a form of religious discrimination. The judge found no basis to this claim in facto or evidence.

The court also found that the camps lawyers attempt to connect sleepaway camps and higher education programming with sleepaway camps was baseless. The judge found that day camps represent significantly less risk that sleepaway camps because campers spend relatively few hours each day in day camp and only eat one meal together while in sleepaway camp, campers spend all day together and eat all three meals together.

 When comparing higher education programming to sleepaway camps, the main difference that was considered was sleeping arrangements. In traditional sleepaway camp settings, campers sleep in bunks of 10 or more campers in the same room while in dormitory settings in higher education facilities, students sleep with relatively few people per room.

The judge also wrote that there was a concern that there was not sufficient hospital capacity upstate should an outbreak occur.

10 comments:

Rotten Eggs said...

https://www.courtlistener.com/docket/17268279/28/association-of-jewish-camp-operators-v-cuomo/

My oh my do the Agudah Fressers ever have egg all over their lying faces!

Not only did the Court easily defeat several of their dumb arguments but the contrived item they hyped the most about overnight being on par with day camps was attacked by the Judge from multiple angles as not adding up and "weak". Then he ended off with a coup de grace shtoch that the Agudah Fresser "Bubble" shtuss (that they borrowed from fanatical Christians) may very well "spring a leak"!

But not to be underestimated, the Fressers have still been abetting their greedy shvitzer camp owners to break the law or seek havens where there are no laws for pikuach nefesh. Who cares about thousands of young precious neshomos when they have money to make?

Shlomo Pfeiffer said...

"Who cares about thousands of young precious neshomos when they have money to make?"

What is this? UOJ and his followers are mind readers now?

Rebbitzen Temi Kaminetzky said...

Give me a second, I'm still stomping my feet up & down!

Ok, what do you expect when Judge Suddaby rhymes with Amaleki?

Sore Losers said...

News from the Agudah:

We are devastated at the news of the ruling that just came from Chief U.S. District Judge Glenn Suddaby to keep New York State overnight camps closed this summer. Needless to say, we are deeply disappointed with this ruling.



According to Rabbi Yeruchim Silber, Agudah's New York Government Relations Director, “The impact on children is devastating. Instead of looking forward to a summer of growth, filled with learning experiences and preparation for an upcoming school year, many children of our community will now be forced to endure a continuation of the long-lasting lockdowns imposed by the State Government."

Alice Schick in Wonderland said...

Avi Schick is a lawyer? Like seriously? Or he was he trained as a media propagandist by the People's Republic of North Korea?

While "singing" to his Agudah Fresser choir, he cherry picks some words from the verdict, out of context, and makes it as if the Agudah really won the case but the Judge from a combination of unfairness & dynamics beyond his control, ruled in Cuomo's favor regardless.

Avi L Shafran said...

Mamash geferlich!

https://www.youtube.com/watch?v=1jSTiKHOFEI

Did you see that Camp Nazi who poses in Judicial robes heartlessly telling all our Yiddishe kinder, "NO CAMP FOR YOU!"

Follow the Money said...

Similar mindset to putting kids in a death trap to make a few bucks

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=PbV4jum/NL4Suyu5fFzhtg==&system=prod

Agudah Fresser Zvi Bloom, who was given the patronage position of head of Torah ohn a Mesorah, son of molester advocate extraordinaire Shmuel "Boom Boom" Bloom, was named a co-conspirator in the Barkany ponzi scheme. The Federal Trustee had to come after him when he refused to give back $600,000 is stolen funds.

Paul Mendlowitz said...

The “religious freedom” argument was a red herring, if anything, it worked against the plaintiffs. The YMCA (Young Mens Christian Association) was also ordered closed by the NY Governor. This was about the camp operators wanting to profit at all costs, regardless of the inherent danger that sleepaway camps have. This was a PR stunt that went awry. In Jewish law, nothing is more important than good health and life, the mere thought of them using “religion” over profits is a non-laughable farce!

Anonymous said...

Are the Agudah Fressers putting the squeeze on Aryeh Deri? Because he's back to acting like a putz again. After breaking ranks at one point with the Fresser cabal who are manipulating R' Chaim Kanievsky, he reversed course again & fought like heck yesterday to stop Bibi from closing down all the shuls & yeshivos. He used all the already defeated Fresser arguments to pull it off.

A 5 Towns rabbi who is fighting to keep the mosdos closed quotes a statistic that indoor gatherings have been shown to have an infection outbreak rate that is 18 times higher than outdoor settings.

Eyleh elohecha Agudah is Shmuel Kaminetzky but lav davka with gold plating, as a kapota with dollar signs all over it will suffice, signifying the shvitzers who want to pull in money for their camps & yeshivos

Boom Boom Geoffrion said...

Using the kids as human shields.
Claiming it's for the kids when it's really for the camp owners.