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Cuomo Says NYC Will Face More COVID Restrictions Should State-Determined Positivity Rate Hit 3%
By
Elizabeth Kim
and
Christopher Robbins
Published Nov 18, 2020
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Mike Groll/Office of Governor Andrew M. Cuomo
By
Elizabeth Kim
and
Christopher Robbins
Published Nov 18, 2020
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Governor Andrew Cuomo on Wednesday said New York City could face greater restrictions on businesses, houses of worship and gatherings should its positivity rate reach 3%.
Under the so-called "orange zone" rules, gyms and hair salons and other personal care services would be forced to close while restaurants would be able to offer only outdoor dining limited to parties of four and takeout. Schools could stay open as long as they submit to more rigorous testing.
The daily positivity in New York City on Tuesday was 2.9%, while the seven-day average positivity was 2.5%, according to state health officials.
State health officials determine whether an area warrants a zoned restriction by using seven-day average positivity being over a threshold for 10 days and 10 or more new daily cases per 100,000 residents on a seven-day average, according to the governor's spokesman. The state also uses the level of hospitalizations and other metrics.
The announcement injected further chaos into a day that was already in disarray. Mayor Bill de Blasio, who had been scheduled to hold a 10 a.m. press briefing, was expected to announce the city's latest seven-day average positivity rate, which has hovered near 3% for several days.
At 2:19 p.m. de Blasio had still not held the briefing, but tweeted an announcement that the city had indeed surpassed 3% and would close public schools beginning on Thursday.
De Blasio had pledged to close schools should the average positivity rate exceed 3%, although some parents and public health experts have criticized that criteria as arbitrary. School testing data has found less than 0.25% of positive cases.
The state and city maintain different methodologies for measuring positivity—the state reports test data based on the day the results are reported, while the city bases its positivity calculation on the day the tests were performed.
Cuomo, however, would use the state's metrics to determine policy.
The governor has said he would allow New York City to decide the threshold for closing schools, although over the weekend he urged the mayor to reconsider his trigger. On Wednesday, he said state officials would decide on how much testing New York City public schools would have to perform should they seek to stay open once the positivity hits 3%.
The orange zone designation is the second most restrictive under the governor's three-tier system. In addition to certain business closures, houses of worship can accommodate no more than 25 people. Public gatherings outdoors are capped at 10 people. Under a recent order, all private indoor events are limited to 10 people. As of last Friday, restaurants and bars are currently subject to a 10 p.m. curfew, although take-out and delivery is permitted past that hour.
Asked about the pending New York City school closure, Cuomo said, "If the mayor said 3%, if the schools hit 3% in the city, I expect the mayor, who has said 57 times if they hit 3%, we will close them."
Cuomo also predicted that coronavirus cases would soar after Thanksgiving.
"There will be a tremendous spike after Thanksgiving," Cuomo said. "It's going to happen because it's human behavior." The governor added that he has had to convince his own mother that the family would not be able to gather for the holiday.
Asked how the state would enforce the 10 person limit on gatherings, the governor said, "Nobody is saying knock on doors, count heads...But if you see it, stop it. That's really the point of the law."
As the governor took questions from reporters, he displayed an anger that hasn't been seen since he excoriated the Trump administration in the spring.
"Parents are confused" one reporter said, about the chaotic wait for a New York City schools closure announcement.
"They're not confused, you're confused," Cuomo barked.
"The state law governs? You don't know that the state law governs?" Cuomo sneered at one reporter who asked whether the city's or the state's figures would be used in determining if New York City schools would be closed.
When another reporter suggested that Cuomo's "microcluster" strategy had failed, given that New York City in its entirety might now be considered a "microcluster," with infection rates rising, the governor responded with righteous indignation.
"The whole world is going up, right? The whole world!" Cuomo thundered. "So success becomes what? How you're doing relative to what you're doing to everyone else. Are you defying reality? It's how are you doing compared to everybody else. We are fourth in the USA. Come to me with anything else."
The governor added, "New Yorkers are doing a great job, and don't demean them. Because the entire world is going up. It's disrespectful to New Yorkers."
A prior version of this story said Cuomo incorrectly stated the zone New York City will be placed in if the positivity hits 3%. It will be the orange zone. The story has also been updated to include a clarification on zoned designations from the governor's office.
Tagged
COVID-19
Governor Andrew Cuomo
restrictions
coronavirus
Elizabeth Kim
Elizabeth Kim is a reporter on the People and Power desk who covers mayoral power. She previously covered the pandemic, housing, redevelopment and public spaces. A native of Queens, she speaks fluent Mandarin. Got a tip? Email [email protected]
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Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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