Democratic New York Gov. Andrew Cuomo is facing a lawsuit for allegedly abusing his power during the coronavirus pandemic.
HoganWillig PLLC, a western New York law firm, asserts that Cuomo’s stay-at-home order, which was issued in March, violates the U.S. Constitution and that a cease and desist letter issued by state Attorney General Letitia James is “scare tactics” enforcement.
“Defendants, in a disturbing and gross abuse of their power, have seized the COVID-19 pandemic to expand their authority by unprecedented lengths, without any proper constitutional, statutory or common law basis therefore,” reads a complaint filed Wednesday.
In April, the law firm received a cease and desist letter from James after permitting employees to work in their offices. HoganWillig contends that the New York Department of Economic Development designated the group as an essential business, thereby allowing their employees to work from their offices.
HoganWillig also says in the complaint that it submitted plans to the state regarding how it can decrease the number of employees who work from their offices, including a plan for electronic monitoring. It alleges state officials were unsatisfied with their proposals and subsequently filed the cease and desist letter, which violates its rights under the Equal Protection Clause.
“HoganWillig has a protected liberty interest in its right to remain in business without arbitrary governmental interference and in its fundamental property right to use and enjoy the land in which it holds a recognized interest,” the complaint reads.
