Nobody is tossing tea into New York Harbor, but restlessness appears to be growing in Brooklyn. Democratic Gov. Andrew Cuomo complained earlier this month that New York City was too lax about enforcing COVID-19-related health regulations, but Brooklyn’s Orthodox Jewish residents wouldn’t necessarily agree, especially now.
Seven months into our “new normal,” reports are emerging of the city and state being notably heavy-handed in their public health enforcement. The New York City Department of Buildings issued a summons to a kosher pizzeria “that was only open for takeout.”
Another inspector wrote a summons for a closed Brooklyn yeshiva before even entering the building because that school was on “a list,” and she seemed most miffed that a school employee filmed the encounter. And when the owner of a gift shop in a red zone was hassled in spite of her shop being closed to customers, a building inspector replied, “I’m just following orders.”
That gift shop owner, Odette Rishty, told me that city inspectors visit her closed shop daily and that she and her husband have complied with every change inspectors have requested. However, a state inspector issued a summons for operating an open business and having “approximately two people inside.” Rishty asked, “What does that mean? You see two, or you see more than two.” As it happens, Rishty is legally allowed to have two people inside.
Regardless, Rishty is now expected to appear in court for filling customer orders with her husband in their shop, where the store gates were closed and a sign was posted telling customers they can’t enter. Worse, Rishty recalls, “The threat was they talk to each other and go, ‘What’s the fine for being open? $15,000?’ It’s just putting fear.” And for a small business that was closed for four months in the spring and remains unsure about what this Hanukkah may bring, there’s already enough concern about simply staying afloat.
Rishty commented: “We opened this store, It’s All a Gift, meaning whatever God does is a gift, and that’s our message. … I’m following the rules. I’m going to make money following the rules, but they’re doing more than that to me. They’re saying I can pay rent, but I can’t come in.”
This isn’t good government. Power-drunk bureaucrats are now menacing people in the name of public health, ostensibly with the blessing of the governor, who has repeatedly singled out Orthodox Jews. But who believes public health is actually improved by such actions?
New York City Councilman Chaim Deutsch, who represents the neighborhood where Rishty’s store is located, told me in a message, “Every single day, businesses and schools are being harassed by inspectors. Some schools (which are closed!) are getting four or five visits a day. Businesses are getting ridiculous and petty violations for nonsense. One essential business got a ticket for having two people (who were in separate cubicles and 12 feet apart) in the office without masks covering their noses.” Clearly, there is a difference between sensible enforcement and harassment. It’s not clear that all of the inspectors monitoring Brooklyn’s red zones are on the right side of that divide, though.
Dov Hikind, founder of Americans Against Antisemitism, told me that people feel alone, like “they’re being targeted and picked on.” Hikind continued: “The average person, the store owner, watching what’s going on, is angry, besides themselves. This is a real, serious problem. They don’t see an end in sight.” Hikind sees the need for leadership from New York’s elected officials, including recommending that Cuomo visit neighborhoods such as Brooklyn’s Borough Park.
Brooke Goldstein, executive director of The Lawfare Project, emailed, “Governor Cuomo’s so called ‘red zones’ have disproportionately shut down schools and businesses in Jewish neighborhoods. As if that weren’t enough, overzealous local officials are now harassing proprietors of compliant Jewish schools and businesses. This is disparate treatment of the Jewish community and what looks like arbitrary enforcement of COVID-19 regulations. This is not just an unacceptable perpetuation of fear-driven antisemitism, it is an illegal violation of our civil rights.”
And it’s that matter of civil rights, as well as general government overreach in the name of a public health crisis, that should concern everyone. The consent of the governed is fundamental to the body politic. But if government officials aren’t transparent or clearly acting in good faith, public trust will wane. That could create rippling risks, not only to individual health, but also to our republic.
As Rishty observed during our call, “If we don’t have government officials that sincerely care about the people and the Constitution, then these things will happen everywhere.” Let’s not let that happen.
Melissa Braunstein (@slowhoneybee) is a former Department of State speechwriter and an independent writer in Washington, D.C.
