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Ex. SEC-25-012 Order Primary source read

DiMartile v. Cuomo, No. 1:20-CV-0859 (GTS/CFH), Decision and Order granting a preliminary injunction (Doc. 20, Aug. 7, 2020)

DiMartile v. Cuomo - Decision and Order on Plaintiffs' motion for a preliminary injunction enjoining enforcement of the 50-person limit on non-essential gatherings, including weddings

Chief Judge Glenn T. Suddaby, N.D.N.Y. · New York (United States District Court for the Northern District of New York) (Court)

The COVID Project

The record

Jurisdiction
New York (United States District Court for the Northern District of New York) · New York
Level
Court
Authority
42 U.S.C. s. 1983; Fed. R. Civ. P. 65
Issued
2020-08-07 Aug. 7, 2020
Effective
2020-08-07 (injunction as to the plaintiffs' two weddings at the Arrowhead Golf Club venue); stayed by the Second Circuit pending appeal (Aug. 2020; the stay order is not saved here) (read as 2020-08-07)
End
The underlying 50-person cap (EO 202.45, NY-031) continued for all other weddings until the catered-events rule of Mar. 15, 2021 (NY-108 s. E) (read as 2021-03-15)
In force
Aug. 7, 2020 to Mar. 15, 2021
Quarters
2020 Q3
Limitation types
Gathering capEvents and venuesCourts and public offices
Addressees
  • Governor Cuomo
  • Attorney General James
  • Erie County Executive and Department of Health
  • Empire State Development Corp.
Functions reached
  • PL
  • VN
  • FL
  • PH
  • EN
  • AV
  • CB
Collection
Weddings, Events and Production Services SEC-25

Operative words

Plaintiffs' motion for a preliminary injunction enjoining Defendants from enforcing a 50-person limit on non-essential gatherings, including weddings... is granted... [Plaintiffs argued that] a wedding venue, when operating as a restaurant under Defendants' 50-percent capacity restriction, is permitted to hold more than 50 people at a time (and thus failing to allow more than 50 people when the same venue is used for a wedding is arbitrary)

Enforcement

Court order; the record shows the State enforced the 50-person wedding cap against every other venue

Notes

Judicial record that New York's 50-person cap applied to weddings by its terms and that the State defended and enforced it in August 2020; the decision recites EO 202.45's 'gatherings of fifty (50) or fewer individuals' and the wedding venues' restaurant capacity of 'approximately 200 people'. Twenty-five pages.

Retrieval note

Do not cite it by docket number without reading it.