NY Sheriff on Refusing to Enforce Cuomo’s Holiday Restrictions: ‘It’s Unconstitutional’

EXCERPT:

GIARDINO: "Well, I say I can’t enforce the order because I think it’s unconstitutional. And in order to explain why it's unconstitutional, I just have to take a second, Brianna, and explain what it can do. Constitution and Bill of Rights allows a balancing act for the safety of the society and limiting individuals’ liberty. So let me give you the easiest example: you can’t yell 'fire' in a crowded movie theater if there's not a fire. And so the government can limit your First Amendment freedom of speech rights. But under the case law and under the Constitution, the governor absolutely has a right to limit how many people can go to a bar or a restaurant, wearing face masks in public buildings, in private businesses. He can also limit what time they must close. And that’s because he’s got administrative agencies like the State Liquor Authority, the — the Health Department. Those agencies issue licenses and have control over private and public institutions and businesses. So he’s allowed to do that, especially with a corona — CV-19 virus, that we all know is deadly. I don’t minimize the loss of people or those who get sick, but under the Constitution, the order is very vague and it says 10 or less people is the most you can have in your private residence.”