The end could be near for the unlimited executive powers of New York Governor Andrew Cuomo. That end could come February 23.
Orchard Park Gym Owner, Robby Dinero, won a restraining order after arguing that it was unconstitutional to limit the capacity at his gym. The argument disputed that the NYS Legislator didn’t have the power to legislate their power away.
That’s essentially what happened when Cuomo was given unlimited emergency powers in April 2020.
Cuomo can make temporary orders for 30 days, but can’t have unchecked powers for a year. He also can’t extend temporary orders for more than 30 days.
Dinero, who’s represented by prominent attorney Paul Cambria, heads to court February 23, where a final ruling is expected on or around that date. This ruling would affect all of New York, not just Athletes Unleashed.
Another victory for Dinero would essentially mean that all mandates put into place by Cuomo would be deemed unconstitutional. Furthermore, would no longer be legal or enforceable by the State or Health Departments.
“When we win, that means that all the mandates that have been enacted since these emergency orders took place, will be struck down” said Dinero. “That means they’re struct down and we get to go back to normal”
Dinero did acknowledge that he does expect that the legislator would meet and put certain restrictions into place, using the proper constitutional steps of the government.
A move by the legislator would make each mandate decided by vote, rather than one person. Every regulation would be debated and discussed to make sure that each one makes sense and doesn’t violate the constitution.
Dinero won his first suit against Cuomo on December 23, where he was given a restraining order that allowed him to open at 100% capacity. He since defeated the State again when they tried to sue him.
Recently many State leaders both Democrat and Republican have called for Cuomo’s powers to be revoked amidst a corruption scandal that takes into account his handling of the pandemic and nursing homes.