ctober 6, New York Governor Andrew Cuomo issued the now-notorious Executive Order 202.68. Citing rising positive COVID-19 rates in parts of New York State, the order designated certain areas into red, orange, and yellow zones based on their case load. Notably, these regions included significant Orthodox Jewish populations and the order imposed sharp restrictions on their communal religious practice. In red zones, houses of worship were ordered to limit their attendance to 25% capacity or 10 people, “whichever is fewer.” In orange zones, attendance was similarly capped at 33% capacity or 25 people, whichever was fewer. This held true no matter how large the congregation, its building, or its outdoor property.
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