I have said for a long time, the last bastian of freedom is held by the sheriffs.
They understand the Constitution and they are sworn to protect it.
Unlike all other branches of law enforcement, the sheriffs will always stand up when something is wrong and unconstitutional.
And they’re doing it again.
Huge kudos to local Fulton County Sheriff Richard Giardino who just told Gov. Cuomo he can shove his executive order where the sun don’t shine!
From Fox Business:
New York Gov. Andrew Cuomo has set a limit of 10 people at holiday celebrations amid a recent spike in coronavirus cases.
But Fulton County Sheriff Richard Giardino told FOX Business Network’s “Varney & Co.” on Thursday that he doesn’t plan on enforcing the governor’s order since he believes it’s plainly unconstitutional.
“I’m not against the governor; I’m against his executive order,” Giardino said. “I think it’s unconstitutional … If anyone’s outside, I’m going to wish them a Happy Thanksgiving and tell them to enjoy some well-deserved time with their family.”
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The sheriff said he believes people in Fulton County, located in the state’s Mohawk Valley region are intelligent enough to gauge the risk and carry out their gatherings with appropriate caution.
Giardino pegged Cuomo’s action as unlawful because it means to affect state residents’ behavior in their own homes.
He explained that state leadership has every right to govern public entities and businesses, including capping capacity in restaurants or setting curfews at gyms, but attempting to limit gatherings in private residences crosses a line.
“In your own home, it’s a quite different story,” he said. “This executive order says you can only have up to 10 people in your home and, believe it or not … our executive order says you’ve got to wear a mask inside the house and disinfect when people leave. It’s absurd.”
From local CBS6:
Several Capital Region law enforcement agencies have vowed not to enforce Governor’s Cuomo executive order that limits private social gatherings to no more than ten people.
During an in-person COVID briefing Wednesday, the governor said that decision should strip them of their law enforcement duties.
“There’s a law and you have to enforce the law or don’t call yourself a law enforcement officer,” said Cuomo.
The governor emphasized this statement in front of reporters on Wednesday as controversy over enforcing the rule heats up.
Fulton County Sheriff Richard Giardino has been an outspoken critic of the new rule, appearing on national news networks including CNN and FOX, arguing that enforcement of the executive order is a violation of the fourth amendment and that it’s not enforceable.
“I don’t have the authority in the Fourth Amendment to go crashing into your house because of an executive order,” said Giardino.
“It’s impractical. You can’t enforce it. There’s no way to write a ticket on an executive order and there is no way to fine it. What do we do? We have these bail rules so we can’t arrest them and take them into custody,” said Giardino.
Cuomo says he understands this executive order is difficult to enforce.
“It’s very hard to police but if you see it, stop it. That’s really the point of the law,” said Cuomo.
“You come across a gathering for one reason or another and there’s 20 people there, you say this can’t happen,” said Cuomo.
But once an officer rings the doorbell and shares that message, what happens next? The governor didn’t say exactly what law enforcement officers can do to enforce it.
“In the spirit of cooperation and conciliation, I offer the governor to come to Fulton County and do a ride along on Thanksgiving Day for an hour with us and we can stop at some houses where there’s multiple cars and he can show us how we are supposed to approach people and counting your numbers,” said Giardino.
Here is the full interview from Fox News: