In fact, the great risks for transmission are indoor places like religious services, restaurants, concert halls and theaters where large groups are together for a considerable period of time, typically an hour or more. As Justices Sotomayor and Kagan point out, "New York treats houses of worship far more favorably than their secular comparators," by "requiring movie theaters, concert venues, and sporting arenas subject to New York's regulation to close entirely, but allowing houses of worship to open subject to capacity restrictions."
A
recent study by Stanford University researchers published in Nature Magazine made the same point regarding the highest risks of viral transmission: "on average across metro areas, full-service restaurants, gyms, hotels, cafes, religious organizations, and limited-service restaurants produced the largest predicted increases in infections when reopened."
What is especially disappointing in the Supreme Court decision is that the lower court had made the correct points very clearly in a decision that was brazenly overlooked by the majority decision. The Federal District Court had
noted that: "Among the other problematic features of religious gatherings, congregants arrive and leave at the same time, physically greet one another, sit or stand close together, share or pass objects, and sing or chant in a way that allows for airborne transmission of the virus."
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