Chemung County has filed a 10-page petition with the New York State Supreme Court to relieve the orange zone restrictions implemented by Governor Andrew Cuomo over the county’s COVID-19 cases.
The verified petition/complaint names Governor Andrew Cuomo and State Health Commissioner Howard Zucker, saying that the microcluster zone restrictions implemented on Oct. 23 should be lifted under the new guidelines.
“The sum and substance of the petition outlines the failure of the State of New York to review Chemung County’s rolling daily average on a 14 day cycle are originally outlined in the initial micro cluster guidelines. Furthermore, on or about December 11, 2020, the Governor announced new criteria for cluster zone designation which is a combination of both positive testing rates on a seven day rolling average and hospital bed availability. Chemung County does not meet the newly announced criteria and therefore should not be held to a different set of standards as other counties and municipalities throughout the State,” according to Chemung County Executive Chris Moss
According to the petition, the county’s 7-day rolling average of positive cases for the area is at 4.5%, the hospital bed capacity is at 45%, and the ICU bed availability is at 38%.
The restrictions have forced businesses in Elmira, Elmira Heights and parts of Horseheads to close for weeks and limited schools’ ability to hold in-person learning.
The Forward NY website outlines the following protocols that set an area into an orange zone:
Orange Zone: A geographic area will be eligible to an Orange Zone if it has a 4 percent positivity rate (7-day average) over the last 10 days and it is located in a region that has reached 85 percent hospital capacity. Alternatively, a geographic area may also become an Orange Zone if the State Department of Health determines the region’s rate of hospital admissions is unacceptably high and a zone designation is appropriate to control the rate of growth..
On Wednesday, Chemung County reported 121 active cases, 40 hospitalizations, and a 5.27% 7-day rolling positive average.
The full petition can be read below:
489473715-Petition-Dated-12-20-20