Sheriff on Facebook:
The Allegany County Sheriff's Office will not be enforcing the Governor's executive order.
The Governor’s Executive Order 202.74 limiting gatherings in private homes to no more than 10 people raises many problematic issues.
The Governor’s press release announcing the Executive Order states several times that it is the responsibility of local governments to enforce the order. It does not explain why it is the responsibility of local law enforcement officers, who do not answer to him, rather than the responsibility his own State Police, who do answer to him. One explanation may be a recognition that the order is probably unenforceable, and hence the desire to shift responsibility for the failure of enforcement from the State to local government.
Enforcement of 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.
We are not encouraging people to have large gatherings in their homes. We want citizens to use their own best judgment and remain safe. We do not know the correct number for safety. We doubt if any one does. Would a gathering of eleven people be substantially more dangerous than a gathering of ten, or would a gathering of nine people be substantially less dangerous? We think a lot of factors would come into play in determining how many people to have in your home. Are any of them at high-risk? From where are they travelling? Is it more or less likely that they have been recently exposed to the disease? Are they regularly in your circle of contacts anyway? Is your home large enough that you can safely accommodate a larger number of guests?
We 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. That is what I intend to do for the citizens of Allegany County.
