BY ANDY GARDNER
North Country This Week

The St. Lawrence County sheriff says law enforcement will not be going around enforcing the governor's mandate that private gatherings be limited to 10 people. The district attorney says he agrees with Sheriff Brooks Bigwarfe's position on the matter, and the county attorney says there is a concern that enforcing it would be unconstitutional.

Instead, all three are asking St. Lawrence County residents to use common sense and adhere to public health measures intended to stop the spread of COVID-19.

The sheriff says deputies, who the governor has tasked with enforcing the executive order, "will not be randomly coming to ... homes on Thanksgiving Day to count the number of people inside. That would be neither practical nor Constitutional."

Bigwarfe made the comment in a three-page statement released late on Monday, Nov. 23.

County Attorney Steve Button says the executive order raises Constitutional concerns.

"I think they raise significant First Amendment and Fourth Amendment concerns," Button said. He specifically cited the rights to peaceably assemble, and to be protected from unreasonable searches and seizures.

Button, along with County Administrator Ruth Doyle and the sheriff, handle all complaints of alleged COVID-19 violations reported through a hotline.

Button said constitutional rights are "at the forefront of any discussion we engage in of any complaint we receive. We are cognizant of the law of the land, that being out constitutional obligations to our citizens."

In a prepared statement, St. Lawrence County District Attorney Gary Pasqua says he agrees with Bigwarfe's position.

“Having reviewed the statement of Sheriff Bigwarfe and the New York State Sheriffs regarding the Governor’s Executive Order, I fully support their position regarding their concerns regarding the enforcement of this order. While I agree with Sheriff Bigwarfe’s position, I also believe we all have a personal responsibility to help stop the spread of this terrible disease. I urge the citizens of St. Lawrence County to be smart and vigilant this holiday season with mask wearing, social distancing and personal hygiene," Pasqua is quoted at the end of Bigwarfe's statement.

Button and Bigwarfe both said they believe residents should use measures designed to stop the spread of COVID-19 that have been recommended to the public since March. That includes wearing a mask that covers the nose and mouth when in public, or around people outside of one's own household; washing hands for at least 20 seconds with soap; staying home when sick; maintaining social distance of at least six feet; and staying local.

"The main point we're trying to make is people need to engage in a degree of common sense. This is serious issue that needs to be taken seriously," Button said.

He hopes people will follow the recommendations out of "desire to protect themselves and protect others, not compelled to, especially by the threat of violating their rights."

"In conclusion, we urge all our citizens to keep informed on the best steps to take to protect themselves, and others, from the spread of this terrible disease. We urge you to listen to our public health officials. We urge you to limit your exposure to those outside your household as much as you reasonably can. If we all do that, we will sooner be able to get back to normal. We in law enforcement do not have the resources nor the legal authority to force you to do those things. It is a matter of individual responsibility and we are confident that you will all voluntarily rise to the occasion," Bigwarfe said.

Bigwarfe's complete statement can be read here.