Gov. Cuomo’s Lawyer Says Population Density is a Factor In Determining Red, Orange, and Yellow Zones

Gov. Cuomo’s Lawyer Says Population Density is a Factor In Determining Red, Orange, and Yellow Zones

   Although Gov. Andrew Cuomo has said that he merely used the percentages of COVID positivity rates to designate his red, orange, and yellow zones that determine of the severity of restrictions in the cases of outbreaks, one of the governor’s lawyers, Howard Zucker, just said in a legal brief that is responding to the latest lawsuit brought by rabbis and Catholic priests that the zones are determined by a number of factors.

   “There is no specific percentage threshold to determine when an area should be designated as [red[, orange, and yellow zone,” Zucker wrote. “[Determining the zones] is a nuanced process that takes multiple factors into account: and not solely the [COVID] positivity percentages.”

  Population density, for instance, is among the factors Zucker that Gov. Cuomo’s team considers as it determines zones’ levels of severity and the necessity of further restrictions.

   “The positivity percentages within those zones indicate the level of spread beyond the cluster and requires some mitigation to prevent any further spread of the virus,” Zucker explained.

. (Mike Groll/Office of Governor Andrew M. Cuomo)

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