Some New York sheriffs say they'll refuse to enforce Gov. Cuomo's limit on Thanksgiving gatherings - NBC News

After New York Gov. Andrew Cuomo’s announcement last week that indoor gatherings at private residences must be limited to a maximum of 10 people, a handful of sheriffs across New York state have said they will not enforce the governor’s executive order.

The order comes as the holiday season — including Thanksgiving next week — dangerously coincides with a resurgence of Covid-19 cases throughout the state, a dire situation which the governor said Monday can be alleviated through the “smart behavior of New Yorkers” and local governments enforcing Covid-19 restrictions.

However, in recent days, sheriffs in some upstate counties of New York have publicly come out against the governor’s order, saying they will not use police resources to enforce the 10-person cap on Thanksgiving gatherings at private residences.

“Who and how many people you invite [into] your home is your business,” wrote Fulton County Sheriff Richard Giardino in a viral Facebook post on Sunday, adding that he’ll leave it up to the people in his county to make the right decisions on their own and that entering homes to “see how many Turkey or Tofu eaters are present” is not a priority for his office.

According to the state Department of Health's Covid-19 tracker, on Sunday Fulton County reported a 1.2% positivity rate among residents tested for the coronavirus. Statewide, the positivity rate continues to rise sharply, in tandem with increased hospitalizations. As of Tuesday, the positivity rate in the state reached 3.1%. The World Health Organization recommends that governments keep test positivity rates under 5%.

“The Fulton County Sheriff's Office will NOT be enforcing it against our County residents,” Giardino wrote of the governor’s order. He added that the order may even be unconstitutional: “Frankly, I am not sure it could sustain a Constitutional challenge in Court for several reasons including your house is your castle. And as a Sheriff with a law degree I couldn't in good faith attempt to defend it [in] Court, so I won't.”

In Erie County, which on Monday saw 272 new positive Covid-19 cases included in its 18,018 total, Sheriff Timothy B. Howard said in a statement Friday, “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,” Howard wrote. “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 Sunday, nine people in Erie County died of Covid-19, more than any other county in New York, according to numbers from the governor’s office.

Sheriff Michael Zurlo, of Saratoga County, joined the list of defiant sheriffs Monday with a press release telling residents his office will be prioritizing other 911 calls.

"We have seen an increase in a variety of call types and have to prioritize," Zurlo said in a press release. "I can't see how devoting our resources to counting cars in citizens' driveways or investigating how much turkey and dressing they've purchased is for the public good."

Zurlo said his office “considers its citizens private residences sacrosanct and as always will respect this,” and that in response to numerous inquiries about whether his office will enforce the executive order from Cuomo, he said, “the Saratoga County Sheriff’s Office will not do so.”

On Monday, Saratoga County found 47 new positive coronavirus cases in the state, according to the state’s health department.

The sheriffs for Fulton, Erie, and Saratoga County did not immediately respond to NBC News’ requests for comments.

The governor's office has not commented on these sheriffs and others who have spoken out against the order.

Last week, in his announcement of the executive order, Cuomo said, "The rules are only as good as the enforcement. Local governments are in charge of enforcement. There are only two fundamental truths in this situation: it's individual discipline and its government enforcement. Period. End of sentence. I need the local governments to enforce this."

The executive order also included a slew of other Covid-19 restrictions including those on New York bars, restaurants and gyms throughout the state.

Stefan Sykes

Stefan Sykes is a news associate for NBC News. 

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Some New York sheriffs say they'll refuse to enforce Gov. Cuomo's limit on Thanksgiving gatherings - NBC News
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