‘Get out! Go get a warrant!’ New York business owners kick out sheriff and ‘health inspector’

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BUFFALO, NY – Business owners who are fed up with Democratic New York Governor, Andrew Cuomo, and his executive orders on the lockdowns, are kicking law enforcement and health inspectors out of their businesses for fear of being shut down.

Roughly 50 different business owners gathered inside Athletes Unleashed, a closed gym on California Road, to protest the lock downs and other restrictions imposed by Cuomo over COVID-19. Local law enforcement, three deputies and a health inspector, showed up at the gym.

A video was posted on social media documenting the response they received when they walked into the building. It was not a warm welcome. Although there were no arrests and no citations issued, the people pushed the deputies and the health inspector out the door. The business owners told law enforcement they were only allowed back inside with a search warrant.

The owner of the business, Robby Dinero, said:

“It absolutely was a protest – inside my building.”

The video shows that gym owners were upset, and accused the officials of trespassing. The group can be heard yelling at them:

“Get out!  Get out!”

To avoid a confrontation, the members of law enforcement and the health inspector left the property.  

This incident shows the level of frustration citizens and business owners have when it comes to the extended lockdowns that have been prevalent in New York over the past nine months. 

Their frustration has only worsened as school districts were shut down along with many other businesses in Erie County.

Cuomo has ordered the continued lockdowns of business which he has deemed as high-risk for COVID-19 contamination. These businesses include gyms, barbershops, and hair salons.

Indoor dining has also been banned in any restaurant or bar after 10pm each night.  

Shutdowns in the state, along with restrictions on how many people residents can have in their homes for Thanksgiving, are starting to wear on New Yorker’s nerves. Frustration has launched them to plan for a protest against Cuomo’s new restrictions on November 22nd.

This protest is set to take place in Buffalo and, according to Erie County Executive Mark Poloncarz, it is going to be loud. He said that organizers have circulated flyers calling for people to drive through his neighborhood honking horns or to march the streets while playing drums, shouting on bullhorns, or banging on pots and pans.

Some of the event organizers are asking people to produce photographs of the elderly “who have been locked in internment camps.”  They also want participants to dress “as slaves or anything else creative.”

Poloncarz let people know that neither he nor Cuomo will change their minds. 

He said:

“If the people behind this planned protest think this will weaken our resolve to protect the public from the Coronavirus they are wrong.” 

In a tweet, he wrote:

“I am aware of a loud protest planned for tomorrow (11/22) at 9:30 am to target my house and my immediate neighborhood. I am posting this now so my neighbors are aware.

“Please read my statement on this and their despicable reference to “internment camps” and “dress up as slaves.”

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New York sheriff won’t enforce Cuomo’s Thanksgiving lockdown policies: ‘Your house is your castle’

November 16, 2020

FULTON COUNTY, NY – New York’s Governor Cuomo has laid down the law when it comes to regulations about how New York residents can celebrate the holidays, but one upstate Sheriff boldly states that his people won’t be enforcing these policies.

Governor Cuomo has mandated a 10-guest limit for private Thanksgiving gatherings.

Richard Giardino, Fulton County, New York Sheriff, gave the following statement:

“With regard to the Thanksgiving Executive Order, the Fulton County Sheriff’s Office will NOT be enforcing it against our County residents. 

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.”

Sheriff Giardino has said that Governor Cuomo’s Thanksgiving executive order is overreach and is “scaring the hell out of people.” He also said that what “people do in their homes is private” and not in the purview of law enforcement.

In an excerpt from Giardino’s Facebook post, this caught our attention:

“So don’t feel a need to hide cars, cover with leaves or walk 3 blocks so your house doesn’t become a target of the Governors EO.”

And this:

“We have three patrols a shift for 500 square miles, monitoring Family Dinners aren’t our priority.”

Here’s the post in its entirety:

“I have received numerous calls, texts, messages, posts and emails inquiring about Governor Cuomo’s Thanksgiving Executive Order and whether the Fulton County Sheriff’s Office intends to enforce it.

First, an Executive Order applying directly to citizens for their private conduct is usually not a law in the sense that there are no penalties attached and you can’t be arrested.

Businesses are different.  An Executive Order can authorize the State Health Department, the State Liquor Authority, the State Department of Taxation and Finance and other similar Agencies with jurisdiction over businesses, to write up, suspend or revoke their licenses and\or fine a business for a violation.

With regard to the Thanksgiving Executive Order, the Fulton County Sheriff’s Office will NOT be enforcing it against our County residents.  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.

Who and how many people you invite into your home is your business, unlike outdoor gatherings which may receive a police response if disorderly or other violations of public nuisance laws occur.

We have limited resources and we have to set priorities, so obtaining a search warrant to enter your home to see how many turkey or tofu eaters are present is not a priority.  We won’t be doing that.  The only way to enter your residence is if we have a warrant, we are invited in, or an exigent or emergency circumstance exists. We have three patrols a shift for 500 square miles, monitoring family dinners aren’t our priority. 

So don’t feel a need to hide cars, cover with leaves or walk 3 blocks so your house doesn’t become a target of the Governors EO.

I trust people in Fulton County to use their own judgement on who and how many people they invite.  Obviously, if you have high risk family members, you will weigh the risks to your loved ones versus the reward.  Thanksgiving is just that, a time to give thanks for what we have or have received over the year.

2020 has been the most chaotic year for so many people between the CV19, job furloughs, or loss of jobs, interference in education and every other activity. The riots and civil unrest which have cost millions of dollars and damaged or destroyed thousands of businesses and injured multiple people.

The constant barrage of Government Regulations and control over your daily lives has added to mass depression, the exacerbation of other medical conditions due to stress, and the disruption of your normal routine. 

Honestly, in 2020, we have had all the disasters of the 1900s.  A Pandemic (1918-19), a financial depression (1930s) and the civil unrest and riots of the 1960’s.  All this in the last 8 months.  With that said most people want a time to be thankful for the good things we have including family and friends. 

I urge you to use good judgement, wear masks, wash and disinfect frequently, and social distance.  The safety of your loved ones, family and friends should be the priority. 

I personally want to thank all the first responders, medical staff from maintenance thru CNAs to Nurses, Doctors and Admin for what they’ve done.  I want to thank teachers and administrators, store employees, the businesses who have tried to keep the people employed and their business operating.

There truly are a lot more essential services from DPW employees to Gas stations to repair shops.  I know I’m not listing every category, but you get the drift.

I want to thank all the employees in all Divisions of the FCSO for what they do every day.

Fulton County Sheriff Richard Giardino”

Sheriff Giardino added:

“People have enough anxiety in their life without thinking that the police are going to come to their door and check on how many people are there.  But they hear it on TV and think if they add in grandma, they are going to be arrested.”

Criticizing Governor Cuomo is not a new action for Sheriff Giardino.  Earlier this year, he attacked the Governor’s police defunding and bail reform efforts, explaining what they’ve cost New York residents:

“Between the CV19, job furloughs, or loss of jobs, interference in education and every other activity.  The riots and civil unrest which have cost millions of dollars and damaged or destroyed thousands of businesses and injured multiple people.”

Giardino has been accused of having a political battle with the Governor, since Giardino is a Republican and Cuomo is a Democrat.  He responded:

“I don’t view this as political, I view it as common sense.  People have common sense. They are not going to jeopardize family members. They are not going to jeopardize close friends. Most people respect the masks. … Basically, as a lawyer, former DA and judge, if I got brought into court, I can’t justify it constitutionally. The threat is not so great that we should be limiting who they can have for Thanksgiving.”

Governor Cuomo has issued his orders for the holidays – but we can bet for sure there will be at least a couple of counties in the state where they won’t be enforced.

 

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