BUFFALO, N.Y. — With Thanksgiving next week, a number of law enforcement officials across the Western New York region are speaking out against New York Governor Andrew Cuomo's 10 person maximum limit for private gatherings.
The following law enforcement officials say that they have no intention of enforcing the Executive Order issued by Governor Cuomo limiting gatherings in private residences to 10 people or less:
- Erie County Sheriff Tim Howard
- Steuben County Sheriff James Allard
- Ontario County District Attorney James Ritts
- Yates County Sheriff Ronald Spike
- Chautauqua County Sheriff James Quattrone
- Wayne County Sheriff Barry Virts
- Schuyler County Sheriff William Yessman
- Genesee County Sheriff William Sheron
- Niagara County Sheriff Michael Filicetti
- Niagara County District Attorney Caroline Wojtaszek
In a press release, individuals above provided a statement regarding this decision:
- “I have no plans to utilize my office’s resources or deputies to break up the great tradition of Thanksgiving dinner…this national holiday has created longstanding family traditions that are at the heart of America, and these traditions should not be stopped or interrupted by Governor (Andrew) Cuomo’s mandates.” – Erie County Sheriff Tim Howard
- “The men and women of the Steuben County Sheriff's Office will not be peeking in your window or attempting to enter your property to count the number of persons at your table on Thanksgiving.” – Steuben County Sheriff James Allard
- “My understanding of the EO is that the remedy is a civil fine, and my office would not be involved in any way in enforcing the Executive Order.” – Ontario County District Attorney James Ritts
- “The Governor’s Executive Order 202.74 limiting gatherings in private homes to no more than 10 people raises many problematic issues for local law enforcement. Having legal standing is suspect on this enforcement. It appears to be unconstitutionally vague, and not a criminal act, therefore we have no practical way to enforce. Also enforcement raises serious Constitutional questions. Serious issues about the right of people to privacy in their homes, the right to be free from warrantless searches, the right and freedom to assemble, the right to freedom of religious practice, the right to equal treatment under the law, and the right to have criminal conduct clearly defined by law are all implicated by the Executive Order. Our deputies will not be counting vehicles in driveways, nor peeping into windows to count persons in order to break-up a home gathering. However, given this pandemic period I encourage all citizens to be responsible, and use their own best judgment on large gatherings in one’s home, and especially on masking, social distancing, and sanitation to stay safe and healthy as they celebrate gathering traditions or not.” – Yates County Sheriff Ronald Spik
- “Thank you for the correspondence regarding one of the more recent edicts from our Governor. I will start by saying as the County Sheriff I took an oath to uphold the US and New York State Constitutions and intend to honor that oath. Therefore, we will not be enforcing the 10 person limit in private residences. As my fellow Sheriffs have stated – this order would not be constitutional to enforce nor do there seem to be any enforcement measures included in the order. The Chautauqua County Sheriff’s Office will not be going into private residences to enforce executive orders – a person’s home is their castle. As a public servant I will continue to encourage our residents and visitors to recognize the potential dangers of COVID-19 and to practice reasonable measures to keep themselves, their family and loved ones as well as others they come in contact with safe and healthy. We will continue to respect individual rights and remind people that with every right we have we also have a responsibility to respect other’s rights. We all have a right to be safe and secure, especially in our homes, and we should respect others same right. Now is not the time to be reckless in regards to the pandemic.” – Chautauqua County Sheriff James Quattrone
- “Thank you for contacting me regarding the state's 10 person cap on gathering on private property. Please see below link: http://waynecosheriff.org/press-releases/sheriff-virts-on-thanksgiving-gatherings.” – Wayne County Sheriff Barry Virts
- “The Schuyler County Sheriff’s Office will not be spying on our citizens, nor counting cars in their driveways. At the present time, there is no crime that will be committed if you have more than 10 persons in your home, and we do not have the resources or the inclination to peek into your homes to see how many people are at the table. I do wish everyone would use common sense, stay home if they are sick, wash their hands frequently, use hand sanitizer and wear masks when appropriate. We wish everyone has a safe, healthy and happy Thanksgiving.” – Schuyler County Sheriff William Yessman
- “We are not encouraging people to have large gatherings in their homes. I want citizens to use their own best judgment and remain safe. We do not have the resources, nor the inclination, to peep into private residences to see how many people are at the dinner table. The Executive Order raises serious Constitutional questions. Serious issues about the right of people to privacy in their homes, the right to be free from warrantless searches, the right to assemble, the right to freedom of religious practice, the right to equal treatment under the law, and the right to have criminal conduct clearly defined by law are all implicated by the Governor’s Executive Order. I think that, rather than issuing orders, which are, at best, impossible to enforce, and, at worst, unconstitutional, the Governor would serve the People of New York better if he used his bully pulpit, not to do more bullying, but rather to encourage our citizens to be cautious, use good judgment in weighing risk factors, protect the vulnerable, and enjoy our families and our great gathering traditions only in ways that are safe, until we can get back to normal.” – Genesee County Sheriff William Sheron
- “I appreciate your concern. I have spoken with several media outlets regarding this topic. I will not be enforcing this mandate." – Niagara County Sheriff Michael Filicetti
- “I support my Sheriff's position on this matter. I believe we should all be diligent about masks and personal hygiene during these trying times. Be safe and have a wonderful Thanksgiving.” – Niagara County District Attorney Caroline Wojtaszek