Judge orders expedited hearing in Brooklyn Diocese lawsuit against new COVID limits

A parishioner prays in nearly empty pews after a Spanish-language mass at Saint Bartholomew Roman Catholic Church in Queens on July 6. AP Photo/John Minchillo

By David Brand

A Brooklyn federal judge has ordered an expedited hearing in a lawsuit filed by the Brooklyn Diocese seeking to overturn Gov. Andrew Cuomo’s capacity restrictions on houses of worship in parts of Queens and Brooklyn.

Judge Nicholas Garaufis ruled that the hearing will take place Thursday at 2 p.m. The Brooklyn Diocese, which oversees Caholic churches and institutions across Queens and Brooklyn, sued after the state restricted capacity to 10 people at houses of worship in red “cluster” zones, where COVID rates have surged in recent weeks. In orange “warning” zones, houses of worship can host no more than 25 people at a time.

Brooklyn Diocese Bishop Nicholas DiMarzio said Catholic churches in both boroughs have worked to prevent the spread of COVID-19 after closing from mid-March until July 5.

Church leaders across have enforced social distancing on the Communion line and in pews, initiated regular cleanings and provided sanitizer at church entrances since reopening for mass.

“We should not be grouped with non-essential services like theaters and recreational facilities,” DiMarzio said. “Especially when you consider that we have been operating safely for months at a 25 percent capacity and have not had any issues because our faithful know that only with a mask can they attend Mass as well as strict adherence to all of our social distancing protocols.”

The diocese is represented by attorney Randy Mastro, a former New York City deputy mayor, who praised the judge’s decision to speed the case.