Brooklyn Diocese Sues Governor Andrew Cuomo Over ‘Unjust’ COVID-19 Restrictions

By Paula Katinas and Jessica Easthope

WINDSOR TERRACE — The Diocese of Brooklyn is taking Gov. Andrew Cuomo to court.

The diocese has filed a federal lawsuit against the governor in his official capacity and is seeking an injunction to prevent him from enforcing new rules prohibiting more than a small handful of people from taking part in religious services in so-called red zones that have been designated as COVID-19 hot spots.

In its lawsuit, the diocese charged that the restrictions imposed by Cuomo through his New Cluster Action Initiative violate First Amendment rights. The governor announced his initiative on Oct. 6. The new measures are to go into effect no later than Oct. 9.

Under Cuomo’s directive, three zones are being created — red, orange, and yellow — with red zones falling under the most severe restrictions. In orange zones, attendance at religious services is restricted to a maximum of 33 percent capacity with no more than 25 people. In yellow zones, 50 percent capacity will be permitted at services.

There are 28 churches and parishes within the red and orange zones.

Bishop Nicholas DiMarzio said the diocese had no choice but to sue. “The executive orders this week have left us with no other option than to go to court. Our churches have the capacity to accommodate many worshippers and to reset our attendance capacity to 10 people maximum in the red zone, and 25 people in the orange zone, when we have had no significant cases, impede our right to worship and cannot stand,” he said in a statement.

“The state has completely disregarded the fact that our safety protocols have worked and it is an insult to once again penalize all those who have made the safe return to church work,” the bishop added.

“This case concerns the government’s wholesale infringement of a fundamental First Amendment right — the free exercise of religion — that, if allowed to stand, will prevent parishioners in Brooklyn and Queens from being able to attend mass even though the executive order at issue is not even remotely tailored to the compelling interest required to justify interference with that fundamental right,” the lawsuit reads in part.

The filing of the lawsuit was announced on Oct. 8.

In an interview with Current News, Randy Mastro, the attorney representing the diocese, said he hoped for quick action by the court so that parishioners can attend Masses at their local churches this Sunday. “We hope to be before a judge tomorrow,” he said on Thursday.

“Public officials have a sacred duty to do right by those they serve, but this is simply wrong and wrong-headed,” Mastro said in a statement. “If this latest executive order stands, parishioners won’t be able to go to Mass this Sunday, even though the diocese has done everything right to ensure safe conditions in its churches. Thus, this religious community will be denied its most fundamental right — the free exercise of religion — and that is why we’ve gone to court to block this executive order from going into effect as applied to the diocese’s churches.”

The diocese charged that the governor’s order “is clearly untailored as applied to the diocese given the starkly different consequences the order imposes on secular business, allowing, for instance, hundreds of people to shop at a grocery store but limiting worship in a 1,200-seat church to a mere 10 parishioners (nine including clergy).”

In addition, the lawsuit contends that Cuomo is unfairly imposing the restrictions on all religious institutions, even those, like the diocese, who have obeyed social distancing rules.

“And yet this delicate balance between religious liberty and public health and safety has now been upended by the governor’s broad-brush response to combating apparent pockets of COVID-19 spikes in some faith communities by imposing on all faith communities in the affected areas disparate treatment—whether or not those communities have been compliant with the preexisting rules and operating safely, as the diocese’s churches have,” the lawsuit reads.

Technically speaking, the governor’s rule allows up to 25 percent of a church’s seating capacity to be filled in a red zone. But the rule also states that no more than 10 people can attend a service.

All houses of worship in New York State were ordered closed in March as the COVID-19 pandemic took hold in New York.

In the lawsuit, the diocese points out that it not only obeyed the state’s original closure order in March but had already put in place its own severe restrictions before the state issued its order.

“This period of closure was extremely painful for the Diocese of Brooklyn and its faith community.” the document reads. “In addition to the physical and emotional toll that the pandemic took on the community, parishioners were denied the ability to attend in-person Mass, which is of critical spiritual importance in the Catholic faith. Likewise, the cancellations or severe curtailments of baptisms, weddings, funerals, and other ceremonies of enormous religious and personal significance was difficult for many members of the Catholic faith. Nevertheless, the Diocese abided by the State’s severe restrictions — and imposed its own exacting restrictions on its various parishes, even in advance of the state mandate to shutter — because doing so was in the best interest of the health and welfare of the diocese’s community.”

Once the state lifted its closure order, the diocese reopened its churches but only after careful planning and safety measures implemented by a special committee organized by Bishop DiMarzio and headed by Joseph Esposito, the former commissioner of the New York City Office of Emergency Management.

The lawsuit outlines the measures put in place by the bishop at the recommendation of the committee, including adhering to social distancing, the mandatory wearing of face masks, and making hand sanitizers available

Many churches have room for 800 or more people and can still safely allow for social distancing, Bishop DiMarzio said in a recent interview.

“Our churches are so large,” he said. “We still can be a safe harbor.”

While several neighborhoods in Brooklyn and Queens have seen increases in COVID-19 cases, the churches have not seen a spike, according to the bishop.

The diocese lawsuit is part of a trend of religious freedom suits across the country.

Father Trevor Burfitt, a priest in charge of mission churches in four counties in California — Kern, San Bernardino, Los Angeles San Diego — filed a lawsuit against California Gov. Gavin Newsom in Kern County Superior Court on Sept. 29.

The Capitol Hill Baptist Church filed suit against the city of Washington D.C. and Mayor Muriel Bowser on Sept. 22. The U.S. Department of Justice is siding with the church in the legal matter. The DOJ filed a document known as a “statement of interest” in the case.

The Thomas More Society filed a lawsuit on Aug. 12 against Gov. Newsom on behalf of Grace Community Church in Los Angeles. The lawsuit contends that attendance restrictions should not be placed on churches because the government did not place restrictions on protest demonstrations.

The Thomas More Society also filed a lawsuit against Minnesota Gov. Tim Walz over the rule mandating that churchgoers wear face masks.

Exclusive: Attorney Randy Mastro Explains Impact of Brooklyn Diocese’s Lawsuit Against Gov. Cuomo

Currents News Staff

How can New York Governor Andrew Cuomo allow certain gatherings like protests, but then say controlled gatherings where strict protocols are being followed are “mass gatherings?”

The lawsuit comes down to an attack on religious freedom. Randy Mastro of Gibson, Dunn & Crutcher, the attorney who is filing the lawsuit on behalf of the diocese, joins Currents News to discuss in legal terms how the governor is overstepping his authority.

What Online Learning Looks Like at a Diocese of Brooklyn Catholic School Forced to Close by NY State

By Emily Drooby

“Good morning everyone” Stephanie Campanella exclaims to her first class of the day as she greets them over Zoom.

For about a month, students were in class with her. That changed after New York Governor Andrew Cuomo announced on Monday that schools in what are being called COVID red zones would have to close.

Stephanie’s school, Our Lady of Grace Catholic Academy in Gravesend, Brooklyn was one of them. They had to switch to remote learning with less than twenty-four hours’ notice.

Stephanie says the new school day looks very similar to the old, especially since they still have live classes.

It’s “honestly as if we were still in the building,” she told Currents News. ‘There is a lot more work that goes with it. Because you have to make sure that you find all the different videos, extra videos on top of it,” she added.

“We try to keep our enthusiasm level as much as we can, as if the students were in class. We play different games with them on Zoom. And we make sure they’re engaged with us, and not falling asleep,’ she said.

On Oct. 8 that included an “escape the room”-themed game: problem solving made fun.

“We got to do teams, so it was really fun, we were competing,” explained Stephanie’s student, Anastasia Chabanov. “It makes it more interactive than just sitting and doing assignments.”

Our Lady of Grace Catholic Academy is one of 10 schools in the red and orange zone forced to close with the new COVID restrictions. The other schools are Good Shepherd Catholic Academy, Midwood Catholic Academy, St. Athanasius Catholic Academy, Edmund Elementary School, St. Edmund Preparatory High School, Brooklyn Jesuit, Our Lady of Perpetual Help Catholic Academy of Brooklyn, Our Lady Queen of Martyrs Catholic Academy and St. Nicholas of Tolentine Catholic Academy.

Over 2,700 students affected have had to switch to an online learning model.

It’s a lot of extra work, but Stephanie says she’s happy to do it. She added that the only real challenge has been seeing her students sad to be home.

She also felt bad for parents that had less than a day to find childcare.

Parents are still paying tuition during this time. It’s not yet clear how long the school will have to remain closed, but we do know that it will be 14 days minimum.

‘Mayor de Blasio, Gov. Cuomo: Come and See,’ Says Msgr. Cassato, Vicar for Brooklyn Diocese Schools

By Melissa Enaje

WINDSOR TERRACE — “Come and see.” That was the message from the Diocese of Brooklyn’s vicar for Catholic Schools after Gov. Cuomo’s Oct. 5 announcement that all schools within nine hot spots will close and pivot to remote learning.

“We’ve been totally disrespected,” Msgr. Cassato told Currents News. “I said it before, and I’ll say it again and again: Come and see, Mayor de Blasio, Gov. Cuomo, come to my school. Come to my school and see how wonderful things are. How clean, how good it is, and how wonderful the children are reacting.”

The governor’s announcement to close schools was in line with Mayor de Blasio’s Oct. 5 press conference. The mayor said school closures could last two weeks or up to four weeks, depending on whether or not COVID-19 positivity rates hold under 3 percent for seven consecutive days.

Msgr. Cassato says shuttering schools is a misdirected consequence that doesn’t take into account the diocese’s initiative to get the schools safely opened again.

“We’ve done it right from the beginning of June when school was just closing,” he said. “We took up the whole initiative of getting our schools opened. Principals, teachers, board chairmen, all worked hard to make this all happen. Sept. 9, we’ve opened, and it’s been seamless.”

“We’ve opened, and we’ve done it right, and that’s the point,” he added. “If other places haven’t done it right, don’t be penalizing us for the mistakes that have been made in other groups.”

Diocesan schools have undergone enhanced cleaning, disinfecting, and sanitizing protocols so educators and students can safely return on the first day of school. At Salve Regina Catholic Academy in East New York, a crew used hydro-fogger machines with EPA-approved chemicals to sanitize the air. St. Athanasius Catholic Academy in Bensonhurst created socially distant classrooms in their auditorium. At St. Joseph the Worker Catholic Academy in Windsor Terrace, the school was sanitized top to bottom on Aug. 31 with a professional cleaning team using an electrostatic sprayer.

Msgr. Cassato has one directive for those concerned about the future of the schools: “I’m telling parents, ‘Call. Call the governor’s office, call the mayor’s office.’ ”

“The officials of the government have put us into a spot, and our kids should be here,” he said. “The parents, the children need to tell politicians, need to call the city council, need to call the mayor’s office, need to call the governor’s office, and tell them we want to be back in school.”

Currents News full broadcast for Wed, 10/7/20 (Catholic news)

Currents News reports secular and religious news from the Catholic perspective.

Some of the top stories on this newscast:

Bishop DiMarzio speaks exclusively to Currents News – calling Governor Cuomo’s new restrictions on Mass unfair since churches in Brooklyn and Queens are successfully taking all the necessary precautions.

Pastors and their parishioners are devastated by the new restrictions and confused about the next steps and where this leaves Catholics now.

How the new state restrictions will force more Catholic schools to close their doors and move to remote learning.

How Will Voters’ Religious Identity Impact the 2020 Presidential Election?

Currents News Staff

Both camps are fighting hard to win over Americans with no religious identity. Nones, as they’re called, make up one-fifth of the U.S. population and tend to skew the younger generation with less interest in religion and in voting.

Catholic voters and their religious identity are on the ballot this year with Joe Biden being only the fourth major party Catholic candidate in U.S. history.

“My Catholic faith has helped me through the darkness,” Biden has said.

A win in November would make him the second Catholic to ever hold the nation’s highest political office since John F. Kennedy. That’s something Chris Vogt, the Chair of Theology and Religious Studies Department at St. John’s University, thinks could reinvigorate Catholics in this country.

“As Catholics, we are called to be attentive to Church teaching, but really it is in our conscience where God speaks to us and where we need to come to a decision about the person we need to support in this election,” he told Currents News.

Religion can be central to a voter’s identity. Studies conducted by the Pew Research Center show that Catholics, just like many other religious groups, want a president who lives an ethical and moral life more than a president who shares their own religious beliefs.

Sixty-two percent of them say it’s “very important,” compared to just 14 percent for the latter. The faithful also view religious organizations as forces for good in society. A majority – 62 percent – believe churches and other religious institutions should stay out of politics, versus 37 percent who do not.

While the Catholic vote is critical, non-Christian faiths will play a role too. Rabbi Brad Hirschfield, President of The National Jewish Center For Learning and Leadership, thinks the Jewish vote will reflect the hard choices all voters have to make come November.

“What we have at their best in each community are voters who are seeking to live their values as deeply as possible,” says Rabbi Brad, “and to appreciate that a single value can be lived in politically diametrically opposed ways.”

Those divisions resonate with non Judeo-Christian faiths too, like Muslims, Buddists and Hindus – who make up two to four percent of the U.S. population. A tiny slice that could make a big difference.

“Someone’s deeply held faith should help them seek their conscience and lift up the values they most dearly hold,” says Rabbi Brad. “I actually think that is incredibly beautiful for many of us people of faith. It’s as natural as breathing.”

Religious identity could also affect the vice-presidential debate, starting with the candidates. Kamala Harris is a Baptist, but her mother was a practicing Hindu. Both are diverse religious beliefs that could attract voters to the Biden camp.

Vice President Mike Pence has a strong Evangelical following. Pence is a self-described “Born Again Evangelical Catholic” with strong ties to the Catholic cultural tradition and moral teachings of the Church.

“It’s hard to talk about the religious sensibilities of either Vice President Pence or Senator Harris,” says Rabbi Brad. “The fact of the matter is that they have an opportunity to show us all that – regardless of affiliation with the party or views – on particular issues. Their commitment again to dignity, decency and democracy transcends their desire to win an office.”

The Pence/Harris faceoff is the only vice-presidential debate this election season. With the fate of the two remaining presidential debates still hanging in the balance, it’s impact could be more important than ever.

Bishop DiMarzio Strongly Reacts to State’s Church Restrictions That Put Limits on Church Attendance

By Emily Drooby and Paula Katinas

WINDSOR TERRACE – Bishop Nicholas DiMarzio said Wednesday that the rights of Catholics in the Diocese of Brooklyn are being violated, following news that Gov. Andrew Cuomo is mandating new COVID-19 restrictions on church attendance across the Diocese of Brooklyn.

The bishop said that New York State should ease the restriction Cuomo placed on religious institutions, during a news conference on Oct. 6, in so-called red zones, or COVID-19 hot spots, limiting attendance at services to a maximum of 10 people. The bishop wants churches in red zones to be able to operate at 25 percent capacity, without a cap of 10 people. Under the governor’s new order, churches in red zones are allowed to hold religious services at 25 percent capacity but with a 10 percent limit.

“It is outrageous that after incurring great expense to implement all the safety protocols, our parishes are being forced to reduce capacity to a maximum of 10 people in the red zone and 25 people in the orange zone,” Bishop DiMarzio said in a statement released by the Diocese of Brooklyn Tuesday night. “To think that some of our churches have the capacity to hold a thousand people for Mass, a capacity range of 10 to 25 people is disrespectful to Catholics and to the clergy who all have followed the rules and, as such, have prevented a spike in COVID cases within the confines of the hot zones.”

While areas in several neighborhoods in Brooklyn and Queens have seen increases in COVID-19 cases, the churches have not seen a spike, according to Bishop DiMarzio.

On the governor’s order banning mass gatherings of people, Bishop DiMarzio said the diocese has been obeying that rule all along and has been limiting attendance to 25 percent capacity for Masses. “The fact of the matter is we don’t have mass gatherings,” he said. All church activities, except for Masses, have been temporarily suspended.

Cuomo’s mandate limits attendance at religious services to just 10 people in so-called red zones, where COVID-19 cases are on the rise. The red zones are seeing a positivity of three percent, according to the New York City Department of Health.

Under Cuomo’s directive, three zones are being created – red, orange and yellow – with red zones being neighborhoods where COVID – 19 has seen positivity rates of at least three percent. Orange zones are neighborhoods next the red zones. Next to orange zones are yellow zones.

In orange zones, attendance at religious services is restricted to 33 percent capacity, 25 people maximum. In yellow zones, the capacity will be capped at 50 percent.

Mayor Bill de Blasio released a list of the red and orange zones on Oct. 7, along with a caveat that parts of some neighborhoods straddle both red and orange.

The map shows the affected zones in Brooklyn. (Photos: Courtesy of the Governor’s Office)

In Brooklyn, the red and orange zones are: Borough Park, Kensington, Bensonhurst, Midwood, Flatlands, Gravesend, Gerritsen Beach, Sunset Park, Bergen Beach and parts of Brighton Beach and Coney Island.

The Queens neighborhoods are: Kew Gardens, Briarwood/Jamaica, Jackson Heights, Elmhurst, Corona, Forest Hills, Edgemere/Far Rockaway, Arverne.

In addition to his objections to the governor’s order, Bishop DiMarzio said Cuomo didn’t reach out to him before making the announcement to give him a heads-up. “I felt disrespected,” he said.

In a press conference on Oct. 6, the governor stated that in addition to closing all schools in those nine zip code areas, he was instituting strict new guidelines on attendance at religious services in those and other neighborhoods.

“Now, we’ve reduced the number of people in houses of worship. I have no problem politically enforcing it,” Cuomo said.

For now, the governor said he is permitting religious institutions to remain open. But on Oct. 5, he suggested the possibility of closing them down if they flout safety rules.

“If you do not agree to follow the rules, then we will close the institutions down. I am prepared to do that,” Cuomo said.

Cuomo’s restrictions cover a wider area than envisioned by Mayor Bill de Blasio who had sought the state’s permission to place restrictions on nine ZIP code areas in Brooklyn and Queens that have seen spikes in COVID-19 cases.

There are two COVID-19 hotspots in Queens. Here is one area.

The ZIP codes are: Edgemere/Far Rockaway (11691), Borough Park (11219), Bensonhurst/Mapleton (11204),Gravesend/Homecrest (11223), Midwood (11230), Flatlands/Midwood (11210), Gerritsen Beach/Homecrest/Sheepshead Bay (11229), Kew Gardens (11415), and Kew Gardens Hills/Pomonok (11367).

The flurry of decisions coming from the mayor and governor aren’t sitting well with Catholics, who charged that religious institutions are being unfairly targeted.

“It’s ridiculous. It absolutely makes no sense,” said Joseph Esposito, a parishioner of St. Athanasius Church, Bensonhurst, a parish located in the 11204 ZIP code area.

Esposito, a former commissioner of the New York City Office of Emergency Management, chaired a committee organized in by Bishop DiMarzio in the spring to develop a plan to safely reopen churches in the diocese once Cuomo allowed churches to reopen following a months-long shutdown.

Churches were closed from March until May, when they were permitted to reopen for private prayer. Weekday Masses resumed in June. Sunday Masses resumed in July. The plan put together by Esposito’s committee includes limiting seating to 25 percent capacity in churches, adhering to social distancing and mandatory wearing of face masks.

“We go out of our way to make sure it is safe. The churches have been doing the right thing. We are being punished for our hard work. And why this is being done by zip code makes no sense. What if you live in one neighborhood and go to church in another?” Esposito told The Tablet.

The second area in Queens where Gov. Andrew Cuomo established zones.

Church leaders reacted with shock to the governor’s comments about the possibility of closing religious institutions.

“We have been following the rules. We have been doing everything to keep our parishioners safe,” said Father José López, administrator of Holy Spirit Parish, Borough Park. “We have signs around the church to remind parishioners of the rules. I appointed six people to spray hand sanitizer when people enter. It would be very hard on us if we had to close now.”

Fr. William With, pastor of Resurrection Church, Gerritsen Beach, said closing his church at this point in time would be a spiritual hardship as well as a practical hardship on his parishioners.

“The sacramental celebrations are so important. It is essential that we stay open,” he told the Tablet.

His parishioners are “just starting to come back” after seeing their church closed for several months, he said. “We have not fully recovered. They are coming back slowly but surely. It would be a bad sign for our people if we had to close now.”

Amy Coney Barrett’s ‘Fidelity Is to the Rule of Law,’ Says Notre Dame Law School Colleague

Currents News Staff

Religion has been a big topic when discussing President Trump’s choice for the supreme court.Conservative Catholic Judge Amy Coney Barrett has been nominated to fill the late Justice Ruth Bader Ginsburg’s seat.

Barrett is a mother of seven and a graduate of Notre Dame Law School. She also teaches at the law school.

Joining Currents News is one of her colleagues, and a friend of 22 years, Professor of Law at Notre Dame, Nicole Garnett.

Brooklyn Diocese Parish Communities Confused Over New COVID-19 Restrictions

By Jessica Easthope

Nick DiMola does the same thing every day. Come 8:30 a.m. you know where to find him: in the front left pew of Our Lady of Grace in Gravesend, Brooklyn.

“I don’t think they could stop me even if they locked the doors — I’d say a prayer outside I guess. All my life I’ve been going to church every day, we need it more than ever right now,” he told Currents News.

Just as Catholics like Nick are getting back to church, the threat of closing is once again looming over the Brooklyn Diocese. Parishioners say the way they practice their faith feels like it’s under attack.

“I feel like it’s a persecution. It’s a sacrament — you can’t watch it on TV, you need to receive it. It’s our right to receive the sacrament. We can’t be making these lockdowns and preventing people from practicing their faith in the United States of America, it’s horrible,” said Patricia and John Gallagher, parishioners at Our Lady of Grace.

Church communities are desperate for answers, and pastors are not much more in the know.

“Do everything we ask you to do and still, even after that you can’t worship in church. How sad, how disheartening, what are we supposed to do,” said Father Vincent Chirichella, the Pastor of Our Lady of Grace during his homily Oct. 7.

Father Vincent says state and city leaders are sending mixed messages.

“It’s illogical what they’re doing. If social distancing, masks and hand sanitizing are the things that are supposed to keep us safe and we’re doing it, why are we limiting it to 10 people,” he said.

The confusion surrounding the changes swirled throughout the diocese on Wednesday.

“10 maximum or 25 percent which didn’t make any sense to me which is a very confusing thing for us,” said Father David Dettmer, pastor of St. Edmund’s Church in Sheepshead Bay.

Father David says he’s frustrated knowing his church will once again see attendance go down. But it’s more than just wanting parishioners to come worship, for some churches, the future depends on it.

“It will also affect us financially, because it will affect the collection and that will affect the parish,” said Father Vincent.

As “Red Zone” parishes wait for further instruction, Catholics are again forced to imagine life without church and wonder what more could have been done.

Dedication of Annunciation

Anthony Mangano and Msgr. Jamie go over the history of Annunciation leading up to the blessing of the church by our most holy, Bishop DiMarzio.