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Brooklyn lawyer sues Cuomo over coronavirus orders

By Andrew Denney

March 27, 2020 | 7:29pm

Gov. Andrew Cuomo speaks with the New York National Guard today. John Angelillo/UPI

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A Brooklyn lawyer has filed suit against Gov. Andrew Cuomo claiming his executive order prohibiting large gatherings during the coronavirus pandemic violates his rights to free speech and to observe his Jewish faith.

In a lawsuit filed on Friday in Brooklyn federal court against both Cuomo and the state government, attorney Lee Nigen also claims that Cuomo’s statements urging New Yorkers to limit their travel infringe on his rights to meet with clients, friends, family and “like-minded people.”

Cuomo signed an executive order requiring closure of businesses deemed non-essential on March 20.

Three days later, he signed an order imposing an indefinite ban on large gatherings.

As of Friday, Cuomo had not imposed a travel ban.

But Nigen alleges that the governor’s public statements urging New Yorkers to stay home as the COVID-19 outbreak rages on creates a “chilling effect” for would-be travelers.

Members of New York City’s Hasidic and Orthodox Jewish community...

Nigen claims the statements raise concerns that he could get arrested if he tries to move about for reasons other than grocery shopping or medical visits.

“Mr. Cuomo’s threat that his directives will be enforced by law enforcement cause Mr. Nigen to fear arrest if he attempts to travel for any other purpose other than getting medical attention or obtaining groceries, thus impermissibly chilling his exercise of his constitutional rights to travel,” his lawsuit charges.

“Clearly, there is a grave public health emergency in New York. We understand that,” Norm Pattis, Nigen’s attorney, said in a written statement. “But lawful process matters and emergency orders of this sort, if left unchallenged, will evolve into precedents with horrifying consequences.”

Cuomo’s office did not immediately respond to requests for comment.

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