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Chautauqua County legislators will be asked Wednesday to support Sheriff James Quattrone's opposition to the enforcement of Gov. Andrew Cuomo's 10-person limit on private gatherings in homes.
Legislator Terry Niebel, R-Sheridan, has introduced a motion for Wednesday's legislature meeting.
Prior to the Thanksgiving holiday, Quattrone said he believes enforcing Cuomo's limit on private residential gatherings to 10 people or fewer is largely unenforceable.
"I do believe the only thing we are able to do is ask people to comply with the order," Quattrone said in late November. "Ironically, the governor is contradicting what he has recently had published on law enforcement reform (that) law enforcement should not be handling non-criminal calls."
Quattrone said he doesn't believe there are any "enforcement mechanisms in place" that would allow sheriff's deputies to enforce the executive order. The most likely approach, with Thanksgiving next week followed by Christmas, is education.
Cuomo hasn't talked much recently about the limits. He did give his thoughts in a late November news conference in response sheriffs' across the state raising questions about the constitutionality of enforcing the order. Cuomo said in response to a reporter's question that a law enforcement officer who won't enforce the limit on private in-home gatherings could be violating their oath of office, which could merit removal from office.
The state Constitution gives such power to the governor over elected county sheriffs.
"So yeah, is it hard to police?" Cuomo said during a Nov. 18 news conference. "Yes. But if you see it, stop it. That's really the point of the law. If you see it, stop it. Don't invade privacy, don't do any of that. But if you see it, stop it."
The motion Niebel has prepared for Wednesday's legislature meeting states that county residents are capable of taking individual responsibility and follow public health guidelines to prevent the spread of COVID-19, and that the legislature supports Quattrone's position that the limit can't be enforced constitutionally. That doesn't mean legislators want county residents hosting rocking New Year's Eve parties in homes filled to the rafters with revelers.
"The Chautauqua County Legislature is steadfast and resolute in its support of Sheriff Quattrone's position that Governor Cuomo's executive order limiting non-essential private residential gatherings to 10 or fewer positions is unenforceable; and be it further known that Governor Cuomo is respectfully asked to reconsider his 10 person limit for non-essential private residential gatherings," the motion states. "Be it further known that the Chautauqua County Legislature strongly encourages all county residents and visitors to adhere to all COVID-19 prevention guidelines issued by the federal Centers for Disease Control and Prevention and New York state's Department of Health."