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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: 1212922

Reported Deaths: 40637
CountyCasesDeaths
Queens1515817782
Kings1485017994
Suffolk1225972545
Nassau1099842518
Bronx1015535243
Westchester819821774
New York727353419
Erie502271339
Richmond433221363
Monroe42774737
Rockland31061806
Orange27862642
Onondaga26544517
Oneida16110331
Dutchess15873290
Albany15520248
Niagara11534233
Broome10620248
Saratoga865376
Schenectady8183116
Ulster7337183
Rensselaer6454101
Putnam620370
Chemung5422107
Chautauqua522151
Oswego466462
Ontario452877
Steuben4444130
Cayuga419768
Sullivan371348
Wayne352750
Genesee350691
Herkimer342346
St. Lawrence332055
Cattaraugus325360
Madison298575
Jefferson294220
Cortland256352
Livingston256136
Tompkins252822
Columbia229966
Allegany228675
Tioga212454
Montgomery206971
Wyoming198741
Clinton197713
Fulton193247
Greene192951
Warren192836
Orleans185167
Chenango165438
Otsego155921
Lewis138822
Washington138121
Seneca114445
Franklin10409
Delaware96516
Essex92916
Schoharie8515
Yates75816
Schuyler68410
Hamilton1431
Unassigned37108
Out of NY0163
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