Author Topic: Deblasio Shutting 9 ZIP Codes Again (Read 92690 times)

Was anyone able to listen to the Agudah hearing? What was the state's argument why they aren't infringing on 1st amendment rights, and what was the judge's reason for denying the TRO?

yuneeq · « **Reply #530 on:** October 09, 2020, 05:21:23 PM »

Quote from: avromie7 on October 09, 2020, 04:48:45 PM

Can it be appealed?

The idea of a TRO is to suspend a ruling/enforcement without having to wait for the verdict of a court case. I don't think you can appeal it (eta: you can’t), either you satisfy the requirements for a TRO or you don't. In order to do so you have to prove:

Quote

Substantial likelihood of success on the merits: First, the plaintiff usually
must demonstrate there is a substantial likelihood that, when the court later
hears the case in full to decide whether to grant a declaratory judgment, the
plaintiff will prevail on the merits of the legal issues in the case.

Irreparable harm or injury: Second, the plaintiff typically must show that if
the law is not put on hold while the case is pending, the plaintiff will suffer
irreparable harm. Courts generally hold that a showing of “irreparable harm”
requires more than lost business profits, and that the harm needs to be
imminent and not merely speculative.

Balance of harms: Third, the plaintiff often needs to show that, when the
court compares the alleged harms the plaintiff will suffer due to
implementation or enforcement of the law with the harms that would result
due to delayed implementation or enforcement of the law, the potential harm
to the plaintiff outweighs the public health benefits.

Public interest: Lastly, the plaintiff often needs to demonstrate that granting
the injunction is in the public’s interest.

iluv2travel · « **Reply #531 on:** October 09, 2020, 05:25:45 PM »

Quote from: Joel on October 09, 2020, 05:13:17 PM

You can listen 8888086929 #5647824

Judge is more sympathetic

Why? What are they arguing that made the judge more sympathetic?

Sorry, I have no time to listen. Not sure its even still going on.

Afrages6 · « **Reply #532 on:** October 09, 2020, 05:31:22 PM »

Quote from: iluv2travel on October 09, 2020, 05:25:45 PM

Why? What are they arguing that made the judge more sympathetic?

Sorry, I have no time to listen. Not sure its even still going on.

It all depends on how the judge views the facts

Tomorrow · « **Reply #533 on:** October 09, 2020, 05:42:49 PM »

Quote from: Joel on October 09, 2020, 05:13:17 PM

You can listen 8888086929 #5647824

Judge is more sympathetic

Case has been heard. Judge will decide sometime between and hour from now and tomorrow morning.

Afrages6 · « **Reply #534 on:** October 09, 2020, 05:49:21 PM »

Quote from: Tomorrow on October 09, 2020, 05:42:49 PM

Case has been heard. Judge will decide sometime between and hour from now and tomorrow morning.

Do you have the case number and the district?

Tomorrow · « **Reply #535 on:** October 09, 2020, 05:58:48 PM »

Quote from: Afrages6 on October 09, 2020, 05:49:21 PM

Do you have the case number and the district?

Case # 20 CV 4844

Easter District or NY

Traveler718 · « **Reply #536 on:** October 11, 2020, 08:59:22 PM »

Seems like they didn't fare any better than l'havdil Agudah:

https://thetablet.org/court-denies-brooklyn-dioceses-request-for-temporary-restraining-order-over-cuomos-new-covid-19-mandate-bishop-says-fight-isnt-over/

yesitsme · « **Reply #537 on:** October 12, 2020, 06:29:49 PM »

https://twitter.com/josh_hammer/status/1315737759470874624

dovy2 · « **Reply #538 on:** October 12, 2020, 08:13:48 PM »

does anyone know if the posted rates go by test-date or by reslut-dates?
if it goes by test-date, then we have a clear indicater that the Jews are not at fault, because on 10/10 the brooklyn red-zones had 7.2% positivity rat, and that can't be from us who were not getting tested.

Lurker · « **Reply #539 on:** October 12, 2020, 08:18:34 PM »

Quote from: dovy2 on October 12, 2020, 08:13:48 PM

does anyone know if the posted rates go by test-date or by reslut-dates?
if it goes by test-date, then we have a clear indicater that the Jews are not at fault, because on 10/10 the brooklyn red-zones had 7.2% positivity rat, and that can't be from us who were not getting tested.

Neither. It goes by when they get reported to the state by the labs or testing location.