|Release: On Facebook, Fulton County Sheriff Giardino explains why he will not enforce Cuomo covid19 Thanksgiving order. 'Monitoring Family Dinners aren't our priority.'|
|Text of Facebook post.|
I have received numerous calls, texts, messages, posts and emails inquiring about Governor Cuomo's Thanksgiving Executive Order and whether the Fulton County Sheriff's Office intends to enforce it.
First an Executive Order applying directly to citizens for their private conduct is usually not a law in the sense that there are no penalties attached and you can't be arrested.
Businesses are different. An Executive Order can authorize the State Health Department, the State Liquor Authority, the State Department of Taxation and Finance and other similar Agencies with jurisdiction over businesses, to write up, suspend or revoke their licences and\or fine a business for a violation.
With regard to the Thanksgiving Executive Order, the Fulton County Sheriff's Office will NOT be enforcing it against our County residents. Frankly, I am not sure it could sustain a Constitutional challenge in Court for several reasons including your house is your castle. And as a Sheriff with a law degree I couldn't in good faith attempt to defend it Court, so I won't.
Who and how many people you invite in to your home is your business, unlike outdoor gatherings which may receive a police response if disorderly or other violations of public nuisance laws occur.
We have limited resources and we have to set priorities, so obtaining a Search Warrant to enter your home to see how many Turkey or Tofu eaters are present is not a priority. We won't be doing that. The only way to enter your residence is if we have a warrant, we are invited in or an exigent or emergency circumstance exist. We have three patrols a shift for 500 square miles, monitoring Family Dinners aren't our priority.
So don't feel a need to hide cars, cover with leaves or walk 3 blocks so your house doesn't become a target of the Governors EO.
I trust people in Fulton County to use their own judgement on who and how many people they invite. Obviously if you have high risk family members you will weigh the risks to your loved ones versus the reward. Thanksgiving is just that, a time to give thanks for what we have or have received over the year.
2020 has been the most chaotic year for so many people between the CV19, job furloughs, or loss of jobs, interference in education and every other activity. The riots and civil unrest which have cost millions of dollars and damaged or destroyed thousands of businesses and injured multiple people.
The constant barrage of Government Regulations and control over your daily lives has added to mass depression, the exacerbation of other medical conditions due to stress and the disruption of your normal routine.
Honestly in 2020 we have had all the disasters of the 1900s. A Pandemic(1918-19), a financial depression(1930s) and the civil unrest and riots of the 1960's. All this in the last 8 months.
With that said most people want a time to be thankful for the good things we have including family and friends.
I urge you to use good judgement, wear masks, wash and disinfect frequently and social distance. The safety of your loved ones, family and friends should be the priority.
I personally want to thank all the first responders, medical staff from maintenance thru CNAs to Nurses, Doctors and Admin for what they've done. I want to thank teachers and administrators, store employees, the businnesses who have tried to keep the people employed and their business operating.
There truly are alot more essential services from DPW employees to Gas stations to repair shops. I know I'm not listing every category but you get the drift.
I want to thank all the employees in all Divisions of the FCSO for what they do every day.
Fulton County Sheriff Richard Giardino
P.s. thanks to Sheriff Howard for his words.