- And here with us now

is Christopher Ferrara, aThomas More Society lawyer

working to allow churches to reopen.

Christopher, thanks for being with us

on "Faith Nation" today.

The judge here in thiscase is Gary Sharpe.

I take it he was prettycritical of Governor Cuomo

and Mayor de Blasio.

- Well, I think the court had to be

because the position wasessentially indefensible.

There's a vast network of regulations,

governing capacity limitations

of various businesses and entities

and I look at it as akind of inverted pyramid.

At the very bottom of theinverted pyramid all alone

in the 25% indoor occupancylimitation was religion,

just religion, nothing else.

Now on the eve of the judge's ruling,

I understand that the governorhas leapfrogged religion

into phase four throughout the state

but even in phase four,religion and religion only

is at 33% indoor occupancy.

Whereas, the judge's ruling issued today

says essentially thisthat religious gatherings

like other business gatherings

are entitled to a 50%occupancy limitation.

There's no rational basisto distinguish, for example,

restaurants at 50% capacity

from a house of worship at 50% capacity.

So, he held that the regulationof capacity limitations

was not generally applicable.

He reserved the question asto whether it was neutral

on it's face but found that it definitely

was not being applied ina generally applicable way

and that religion had been singled out

as an especially strictgathering limitation indoors.

And as to the outdoor gatherings,

he said that these areessentially gone now

with the massive exceptionallowed for protests

of unlimited numbers.

So, he held that outdoorgatherings cannot be limited,

as to our clients,

they need only practice thesocial distancing guidelines

for outdoor gatherings

but there's no longer astrict numerical limitation

to 25 people in the northcountry, for example,

or 10 people which was applicable

in the lower half of the state,

especially in New York City.

That's gone now because theyhave effectively abolished

that whole framework

by allowing these massive demonstrations.

And they should allow demonstrations,

they're First Amendmentprotected activity.

It's not even just the demonstrations,

it's also celebrations ofJuneteenth, for example.

Thousands were demonstratingand celebrating

for the Juneteenth celebrationon the 19th of June.

Essentially, New York is nowjust filled with gatherings

and celebrations of all kinds.

So, that outdoor gathering limitation

is essentially history at this point.

- Just a few seconds left here

but what's the immediate effect

of this judge's ruling today?

- Well, the immediate effectas to these plaintiffs is

that they're relieved of theseindoor restrictions at 25%.

The restriction should be 50%,

as with comparable businesses

and it relieves of anyoutdoor gathering limitations.

And there is no outdoorgathering limitation any longer.

They need only practice social distancing.

- Out of time, we're gonnahave to go, I'm so sorry.

- That's okay.- Thanks for being with us.

- Thanks Christopher.