With Thanksgiving fast approaching, state after state is implementing laws and guidelines to be kept for the upcoming holiday. States like California, New York, and others with liberal and tyrannical governors have all put limits on their citizens’ family traditions for Thanksgiving.
For instance, in New York, Governor Andrew Cuomo announced last week via Twitter that private celebrations in homes or residences were only allowed ten people in attendance. Of course, he claimed “science” and COVID-19 as the reason.
He said, “New York follows the science. We know indoor gatherings and parties are a major source of COVD spread. To slow the spread, NYS will limit indoor gatherings at private residences to 10 people. This limit takes effect Friday at 10pm.”
New York follows the science.
We know indoor gatherings and parties are a major source of COVID spread.
To slow the spread, NYS will limit indoor gatherings at private residences to 10 people.
This limit takes effect Friday at 10pm.
— Andrew Cuomo (@NYGovCuomo) November 11, 2020
However, there’s just one problem with Cuomo’s new law: It’s not really a law, and therefore, going against it can’t legally be punished.
This fact was brought to much of the state’s attention by Fulton County Sheriff Richard Giardino on Saturday. Giardino stated on the county’s Facebook account that any “Executive Order applying directly to citizens for their private conduct is usually not a low in the sense that there are no penalties attached and you can’t be arrested.”
And to be clear, he and his officers and deputies would not be enforcing it.
“With regard to the Thanksgiving Executive Order, the Fulton County Sheriff’s Office will NOT be enforcing it against our County residents.”
Well, he has several reasons.
One is that, just as he stated, this isn’t exactly a “law” that can be punished.
Secondly, he’s “not sure it could sustain a Constitutional challenge in Court for several reasons, including your house is your castle.”
Seems almost like he’s issuing a challenge to Cuomo, huh?
He wrote, “Who and how many people you invite in to your home is your business, unlike outdoor gatherings which may receive a police response if disorderly or other violations of public nuisance laws occur.”
Sheriff Giardino obviously has some experience with national and state laws and how they are enforced as a lawman. But even more than that, Giardino has a law degree, giving him an extra bit of knowledge on how these laws are supposed to work and about how our judicial system handles them.
And that’s precisely why he says he “couldn’t in good faith attempt to defend (enforcing the executive order in) Court, so I won’t.”
But another reason is that because, well, to be frank, his office already has a minimal supply of resources, and he isn’t about to waste them on checking to see how many people are physically in your home at one time.
“We have limited resources and we have to set priorities, so obtaining a Search Warrant to enter your home to see how many Turkey or Tofu eaters are present is not a priority. We won’t be doing that. The only way to enter your residence is if we have a warrant, we are invited in or an exigent or emergency circumstance exist. We have three patrols a shift for 500 square miles…”
And so, “monitoring Family Dinners aren’t our priority.”
The knowledgeable sheriff added that the last thing American and New York citizens needed in a year filled with so much chaos and uncertainty was another government official yelling at them and telling them what, when, and how to celebrate one of our nation’s most time-honored holidays.
And he wasn’t about to stand the way of anyone’s rights.
However, he did encourage people to be smart about their holiday celebrations, as COVID is unfortunately still on the loose.
“(M)ost people want a time to be thankful for the good things we have including family and friends. I urge you to use good judgment, wear masks, wash and disinfect frequently and social distance.”
And Giardino isn’t the only Sheriff in the state to have such a stance on the governor’s executive order.
Erie County Sheriff Tim Howard said in a statement, “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 Cuomo’s mandates.”
He ended by saying, “My office will respect the sanctity of your home and traditions, and I encourage you to follow your heart and act responsibly, as well as do what’s best for your family. On behalf of everyone at the Erie County Sheriff’s Office, I want to wish you and your family a Happy Thanksgiving.”