Agudah’s Request for “Injunctive Relief” to Stop Shul Restrictions Will be Heard Nov. 3

  On Thursday, the U.S. Court of Appeals set Nov. 3 as the date it will hear Agudath Israel of America argue for “injunctive relief” in the U.S. Court of Appeals in the hopes the organization can restrain for red zones, the 10-person maximum in shuls that Gov. Andrew Cuomo set when he signed an Oct. 7 executive order, just days before Hoshanah Rabbah, Shimini Azeres, and Simchas Torah.

   According to the U.S. Court of Appeals for the Second Circuit, Agudah’s motion will be heard at the same time as a similar motion brought by the Roman Catholic Diocese of Brooklyn.

   Injunctive relief can stop an invasive action that requires citizens to behave in a certain way, such as excessively limiting shul attendance in a pandemic. Judges only approve injunctive reliefs when they consider that irreparable harm will result if the relief is not granted: a standard that was rejected by the William J. Nardini, the circuit judge, who heard Agudah’s Oct. 8 request for a temporary restraining order (TRO).

    “Religious worship is a fundamental right in this country,” said Rabbi David Zwiebel, executive vice president of Agudah Israel in America. “Imposing an inflexible, hard and fast limitation of ten people in houses of worship regardless of the size of the facility simply makes no sense.” 

   “Of course,” he continued, “We are still hoping to work with the governor’s office and other government leaders on resolving this issue, just as we are with respect to the restrictions on school openings in our community. The last place we want to be is in court, litigating against New York State. Further, we must redouble our efforts to do all in our power to stay healthy.  

      “At the same time, however, we cannot just sit idly by when our most basic freedoms are inappropriately curtailed.”

    In its brief, Agudah Israel argues that the executive order establishes stricter limitations on communal prayer than the order does on other “essential gatherings,” which the state had previously set at 50% maximum capacity during the pandemic.

    As prayer is a core constitutional freedom, the Agudah brief argues, communal prayer should be considered an “essential gathering” by definition. Accordingly, the Agudah argues that Gov. Cuomo’s executive order is unconstitutional because it applies stricter standards to communal prayer than to other essential gatherings.