Legal Analysis on Rights of Local Gym Owner Resisting Enforcement of New York State COVID Rules

November 25, 2020  |  CONSTITUTIONAL, CRIMINAL, IN THE NEWS  |  Share
Legal Analysis on Rights of Local Gym Owner Resisting Enforcement of New York State COVID Rules

WGRZ 2 On Your Side recently reported on an online video, which shows an altercation that took place at a private gym in Orchard Park.

Buffalo area business owners gathered at Athletes Unleashed to discuss ways to address Orange Zone lockdown restrictions that had just gone into effect. As reported by WGRZ, during the meeting, deputies from the Erie County Sheriff’s Office as well as members of the Erie County Department of Health entered the gym and attempted to “break up” the meeting.

Attendees of the meeting protested against the presence of sheriff deputies and department of health officials, eventually forcing the officials to leave the gym.

WGRZ interviewed attorney Barry Covert for this story to provide legal analysis on the rights of businesses and individuals who are facing enforcement of New York State COVID rules.

Mr. Covert stated “The owner of the premises was absolutely entitled to ask the law enforcement and the department of health to leave unless they have a search warrant.” Mr. Covert went on to say “there is no COVD exception to the Fourth Amendment requirement for a search warrant with probably cause.”

Click here to watch WGRZ’s full report, including legal analysis from Barry Covert.


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