Sheriffs challenge New York's executive rule on large family gatherings

Gov. Cuomo’s Thanksgiving executive order only allows for a maximum of ten people to gather---even in your home. Sheriff's departments are refusing to enforce the rule.

Posted: Nov 24, 2020 5:44 PM
Updated: Nov 25, 2020 10:58 AM

ORISKANY, N.Y. - Gov. Andrew Cuomo has ordered a 10-person limit on Thanksgiving gatherings, even in the confines of your own home. The governor is telling sheriff's departments to enforce the rule, even though the state police don’t have to.

Oneida County Sheriff Rob Maciol talked about the New York State’s Sheriffs' Association issuing a letter in response to the Governor’s executive order.

"We preempt it with the seriousness of the COVID 19, and then we get into the fact that this is unconstitutional for us to do this," said Maciol.

Cuomo addressed the sheriffs' stance during a press briefing. 

"You don’t have the right to pick laws that you think you’ll enforce, and you don’t enforce laws that you don’t agree with. Right? That’s not a law enforcement officer. That’s a dictator," he said.

Maciol fired back, saying, "We are not dictators. I just find that ironic that...he’s telling us to violate the Constitution and enforce this executive order."

Maciol says police can only legally enter a person’s house if invited in, if there’s an emergency, or they have a search warrant - but the governor believes his rules apply.

"You’re telling me in my house I can’t have more than 10 people? It’s none of your business what I do in my home. Now of course it is. Laws apply in your home," said Cuomo in a news briefing Monday afternoon.

Maciol also points out there's no written law to go by.

"There’s a legislative process attached to a law. None of that’s happened here."

Maciol says, according to the Cuomo’s own rules that dictate police reform, "the police should not be involved in responding to non-criminal conduct," and the sheriff wouldn’t even know what crime to charge an offender with.

The governor closed with somewhat of a threat. 

"If that’s the way you run your law enforcement agency, I don’t consider it a law enforcement agency. So God bless you, but don’t ask me for help," said Cuomo.

It’s hard to know exactly what the governor meant when he said “don’t ask me for help," but Maciol believes it will be some kind of cut in state funding for Oneida County.

New York Coronavirus Cases

County data is updated nightly.

Cases: 2392060

Reported Deaths: 55066
CountyCasesDeaths
Kings31909610743
Queens30607510153
Suffolk2281703519
Nassau2071043257
Bronx2021556693
New York1619224606
Westchester1409342328
Erie992591884
Richmond858401905
Monroe782541156
Orange54619887
Rockland50943769
Onondaga45981715
Dutchess33827485
Albany28513368
Oneida25899552
Niagara22183383
Broome21898385
Saratoga18468191
Ulster16373271
Schenectady15325216
Rensselaer13364154
Putnam1187096
Chautauqua10980157
Oswego9667101
Chemung9112146
St. Lawrence8975118
Ontario856998
Steuben8489160
Cayuga7942101
Sullivan782781
Jefferson752171
Wayne701378
Cattaraugus675098
Genesee6097131
Herkimer6030117
Tompkins597459
Clinton571634
Madison542698
Fulton532197
Livingston520467
Montgomery5112133
Cortland484070
Warren472576
Columbia4664108
Tioga443467
Chenango421286
Otsego417751
Allegany403893
Greene397283
Washington396763
Wyoming392354
Orleans367784
Franklin356416
Lewis321836
Delaware309041
Seneca248959
Schoharie208320
Essex195129
Yates140726
Schuyler128916
Hamilton4083
Unassigned13533
Out of NY0291
Utica
Clear
50° wxIcon
Hi: 64° Lo: 49°
Feels Like: 50°
Oneonta
Clear
53° wxIcon
Hi: 62° Lo: 46°
Feels Like: 53°
Herkimer
Clear
50° wxIcon
Hi: 67° Lo: 49°
Feels Like: 50°
Old Forge
Partly Cloudy
50° wxIcon
Hi: 58° Lo: 47°
Feels Like: 50°
WKTV Radar
WKTV Temperatures
WKTV Severe Weather
NEW Game Day Deals each week
Follow the 2021 Go the Distance Team - sponsored by Gilroy Kernan & Gilroy
Chapter Photofacial Therapy Giveaway
Looking for work or looking to hire? Check out the WKTV Job Fair!
Saluting Those Who Are Proud 2 Serve