The federal appeals court in Manhattan on Monday blocked New York state restrictions on the size of religious gatherings put in place to combat the spread of the coronavirus, Reuters reported.
In a 3-0 decision, the 2nd US Circuit Court of Appeals sided with the Roman Catholic Diocese of Brooklyn, Agudath Israel of America and two synagogues in enjoining New York Governor Andrew Cuomo’s October 6 attendance caps at “houses of worship.”
The governor limited attendance to the lesser of 10 people or 25% capacity in “red” zones where the coronavirus risk was highest, and 25 people or 33% capacity in slightly less risky “orange” zones, even in buildings that seat hundreds.
Circuit Judge Michael Park said the plaintiffs established irreparable harm by showing the restrictions impaired their free exercise of religion, according to Reuters.
He also said that “no public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal.”
Cuomo’s office did not immediately respond to requests for comment.
Monday’s decision came after the US Supreme Court ruled last month against enforcing the caps.
The Supreme Court ruling saw the court splitting 5-4, and was the first time that President Donald Trump's nomination to the court, Amy Coney Barrett, tipped the scales.
Cuomo at the time blamed the new conservative majority on the Supreme Court for the ruling, and said he thinks the ruling “was really just an opportunity for the court to express its philosophy and politics" and that it was making a "statement" with the vote.
In the past, Cuomo has blamed large gatherings in the hasidic community for the spread of COVID-19, highlighting selichot prayers in Satmar-Kiryas Joel and event in Chabad-Crown Heights as examples of "social distancing violations".