Is the state's 10-person gathering limit legally enforceable?
SYRACUSE, N.Y. — To curb the rising number of coronavirus cases statewide, Gov. Andrew Cuomo announced Wednesday that private gatherings across the state will be limited to 10 people.
Tom Murphy, a lawyer with Tully Rinckey in Syracuse, says that if a neighbor were to call the police and report a large gathering, no one at the gathering is obligated to answer the door. Without a warrant, police cannot enter the home.
Syracuse Mayor Ben Walsh says no tickets have been issued for large gatherings in the city, but that will change if residents break the rules.
In Cayuga County, the sheriff says the health department is responsible for enforcing gathering limits.
Murphy says he thinks Cuomo is hoping for voluntary compliance, since the right to privacy prevents any sort of strict enforcement.
"There is a right of privacy," he says. "Where is it strongest? It’s strongest within the home."
The 10-person gathering limit takes effect Friday at 10 p.m.
