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A law firm has filed a lawsuit against New York Governor Andrew Cuomo alleging that he is abusing his power and is using the coronavirus to expand his powers by taking away individual liberties.
HoganWillig PLLC says that it has been deemed an “essential business” by the New York State Department of Economic Development d/b/a Empire State Development (ESD), which is the agency empowered to make such designations.
Based on this designation, the plaintiff maintains that it has remained in operation throughout the duration of the coronavirus pandemic.
However, the law firm has allegedly ceased providing services to those businesses and industries that have not been deemed essential, except in the case of emergency, by New York Governor Cuomo.
The executive orders put forth by Governor Cuomo about being designated as an “essential business” are unreasonable, burdensome, and invasive on the attorney-client privilege, the lawsuit goes on to say.
The plaintiff states that the available studies performed throughout the United States does not support the legitimacy of Cuomo’s actions in issuing arbitrary executive orders.
The coronavirus lawsuit claims that the New York State executive orders have become even more oppressive, in contrast to other states, as many other states are modifying their executive orders based on the scientific data and are lifting restrictions.
In contrast with the state’s measures, the plaintiff notes that the federal government is encouraging the process that will return workers to their jobs.
The defendants have engaged in “scare tactics,” justifying emergency powers that are no longer reasonably necessary to protect the public, the plaintiff says.
The law firm claims that Cuomo’s executive orders have caused physical, mental, and emotional issues for New York State citizens. To be sure, the plaintiff points to data that suggests a recent increase in the amount of suicides among individuals of all ages.
Also, the plaintiff points out that, because of Cuomo’s executive orders, there has been a disastrous impact on the New York State economy and those businesses that serve as the backbone of it.
“Defendant Cuomo’s improper exercise of emergency executive power, as interpreted and sought to be enforced by Defendant James, following the emergence of new data, is inflicting upon Plaintiff, and society at large, irreparable harm,” the lawsuit goes on to say.
The law firm also notes that the availability of scientific data and studies do not support the legitimacy of the defendant’s continued actions.
“Whereas at one point in time, there was insufficient data on the COVID-19, such that certain austere measures may have been justified on an emergency basis, the continuation of those measures at this time cannot be justified by any legal or reliable scientific metric,” the Governo Cuomo lawsuit states.
According to the law firm’s lawsuit, medical data that has been available to the governor since the middle of April 2020 compels a finding by the court that the emergency powers exercised by Cuomo infringe on the rights and liberties of the public.
In addition, defendant Cuomo’s executive orders and the actions taken by the New York Attorney General discriminate against, and place an excessive burden upon, interstate commerce.
“While combating COVID-19 is an objectively positive goal, the means of doing so being utilized by Defendants have unduly and unnecessarily restricted Plaintiff, and are necessarily unconstitutional under, and pursuant to, the Commerce Clause,” the Governor Cuomo lawsuit states.
HoganWillig also maintains that it has been contacted by the New York Attorney General’s office demanding certain information related to HoganWillig’s designation as an essential business.
The plaintiff claims that the defendants have placed an undue burden upon the firm and its conduct of business during the coronavirus outbreak.
Such burdens include impairing HoganWillig’s obligations under contracts with its clients, vendors, and independent contractors.
“By placing such undue and excessive burdens upon Plaintiff and the firm’s conduct of business, thereby impairing HoganWillig’s obligations under certain contracts with its clients, vendors, and independent contractors, Defendants have infringed upon the constitutional rights of HoganWillig pursuant to the Contracts Clause,” the lawsuit against Governor Cuomo goes on to say.
In addition, the plaintiff claims that the defendant’s actions have violated both plaintiff’s substantive and procedural due process rights.
Even assuming that there is a legitimate state interest in protecting the public’s health, the actions of the defendants are unreasonable and arbitrary, the plaintiff explains.
The lawsuit maintains that Governor Cuomo has seized, without just compensation, the property of businesses and individuals across New York State by forcing the closure of specified businesses and restricting travel via his executive orders.
What do you think of Governor Cuomo’s executive orders? Leave a message in the comments section below.
The plaintiff is represented by Corey J. Hogan of HoganWillig PLLC
The Governor Cuomo Lawsuit is HoganWillig PLLC v. Leticia A. James, et al., Case No. 1:20-cv-00577, in the U.S. District Court for the Western District of New York.
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8 thoughts onLawsuit Says Cuomo Is Abusing Coronavirus Powers
Cuomo has overstepped his rights as a governor and has began taking away constitutional liberties from his citizens. I understand that you think he is “trying to help us” but how is fining people absurd amounts of money helping anybody. Beyond masks and travel bans, Cuomo is using his executive orders in order to push laws/rules/ regulations through that do not even pertain to the safety of NY citizens. Cuomo should be impeached from office.
NO. This is not like any other “flu or virus”. I have a compromised immune system from a kidney transplant. If I were to get the covid 19 virus, I will without a doubt die from it. You wear a mask not just to protect yourself from droplets but to protect other people like me from getting it. Don’t be stupid. I guess no one can save you from yourself!
I agree! And I support mask use. But because “no one can protect you from yourself,” INCLUDING Cuomo, executive orders mandating that the government, not the citizens, makes our health- protection decisions for us, is unconstitutional.
Sorry but you have a sense of false security. The face mask or cloth people wear does not stop the virus since the particles are so small and there are openings around the nose and it is not fitted to your face. Go ahead and wear one but you have no right to force me too. I would rather not breathe back in carbon dioxide that I just exhaled and bacteria. You also don’t get the full amount of oxygen from the atmosphere to breathe which is below 19.5% according to OSHA standards. There is no scientific proof that these masks work and right on the box it states they will not protect you from covid 19. More doctors are coming out with the truth about this farce. More people have died from the flu than from this. You could start doing some honest research on the subject and for a start search for Pamela Popper on utube. As a final though, if you’re wearing a mask what’s your problem with me not wearing one ?
This Nazi dictator needs to be stripped of his power.
Sue this Bastard from Hell,he is a Seinor Grandma Grandpa and Baby Killer murderer ! Lock him up and the Mayor of NYC too !
Your not crazy.. they need to sue him he has gone too far with his power and he has changed too many laws in the middle of the night! He is trying to make ppl sick by forcing mask wearing on healthy ppl when asymptomatic ppl have a rare chance of spreading the virus. Per cdc! He needs to let us open and be exposed just like any other flu or virus now that he has killed off half of NYC.. and the old ppl.. smh
OMG STOP! He is doing his best to keep US ALL SAFE! Better SAFE THAN SORRY!