A group of parents in Upstate New York have filed a lawsuit against Governor Andrew Cuomo and Howard Zucker, the commissioner of health, for what they claim are overly broad and “unlawful and unconstitutional” restrictions on liberty. Each parent involved in the lawsuit has children negatively affected by the lack of access to sports, religious services, band, and more. They are reportedly falling behind in their educational pursuits. One plaintiff, Hayley Reed, the mother of a special needs child with speech delays, says her child has regressed due to shutdowns and lack of access to therapy. Further, Reed reports that her child is negatively impacted by mask-wearing, which inhibits the child from reading lips.
“These draconian regulations do not allow children with speech disabilities to see the teacher’s mouths forming words correctly, tongue placement, or phonetics… due to facial hindrance,” reads part of the lawsuit. The lawsuit alleges that the initial plan to “flatten the curve” worked, but that the government did not give up the control even after successfully keeping hospitals from being overwhelmed. Hospitals in New York were never overwhelmed, by the governor’s own admission.
The lawsuit alleges that the New York government tried to cover up their mistake and massive overreaction to a virus that turned out to be not nearly as deadly as predicted.
Governing leaders, embarassed by how much they had overstated the effects of Covid19, and being too proud to simply admit they were wrong, changed the rhetoric about the virus and increased restrictions on businesses, education, and public life in an effort to “protect” The People. Schools, colleges and universities, performance halls, food establishments, sports stadiums, churches, and even Courts were closed. Landlords were restricted for attempting to evict tenants, for any reason. The public were forced to wear masks or risk being arrested. Stores were forced to operate at levels that were not financially feasible.
The lawsuit points out that the data we have shows the virus is not very dangerous to anyone under the age of 45.
The mortality rate for children, young adults, and those up to the age of forty-five years of age is mathematically near zero (0) percent…the fact is that experts the world over as well as right here in Upstate New York have stated publicly to policymakers that children are at extremely low risk of Covid19 and they are at greater risk for many reasons if they are not in school.
The lawsuit also claims that the public health emergency is over and the emergency powers should be stripped from the governor and the health department.
The evidence proves that the public health emergency of Covid19 has ended and with it whatever powers, whether legitimate or otherwise, Defendant/Respondent possessed to enact emergency legislation.
The lawsuit asks for the decision-making process to be left to the local communities and school districts instead of dictated from Albany.
There is a vast difference between issues being faced by inner-city school districts and those in agricultural communities in Upstate New York. It is a violation of every student’s Constitutional right to Due Process pursuant to the 14th Amendment of the United States Constitution for a governor and/or health commissioner to be controlling the details of classrooms everywhere in the state of New York. Lawmakers at all levels with time for input from constituents should be the ones making laws regarding our students if any laws are, in fact, necessary.
The suit alleges many Constitutional violations, including the denial of religious freedom, denial of the freedom to assemble, denial of due process, and the denial of Fifth Amendment rights.
It is a violation of the Taking Clause of the 5th Amendment of the United States Constitution for the Defendant/Respondents to restrict the number of customers businesses are allowed to serve or to place restrictions such as the use of a mask on customers such that it makes it likely that many customers simply will not patronize establishments thus making it not financially feasible to do business.