NEW: Cuomo to CNN: "RI’s Policy Is Reactionary - I Am Going to Sue Rhode Island”

NEW: Cuomo to CNN: "RI’s Policy Is Reactionary - I Am Going to Sue Rhode Island”

New York Governor Andrew Cuomo told CNN on Saturday night that if Rhode Island Governor Gina Raimondo does not reverse her order of stopping New York vehicles that he will sue Rhode Island.

“It is a reactionary policy. I am concerned about people with the virus coming into my state. We are talking to Rhode Island now and if they don’t roll back that policy I am going to sue Rhode Island. It is clearly unconstitutional," he said. 

Ellie Honig, CNN’s legal expert, called Raimondo’s move a “terribly problematic policy.”

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On Thursday, the ACLU of Rhode Island called out Raimondo’s policy to stop passenger cars with New York registrations. 

“The Governor has taken many steps to address this crisis that carefully balance public health needs and the civil rights of citizens. This one does not.  We urge her not to follow through with such an ill-advised and unconstitutional plan,” said RI ACLU Executive Director Steve Brown.

Raimondo's Edict

On Thursday, Raimondo signed an executive order mandating that anyone who has traveled to New York by any form of transportation must self-quarantine for 14 days upon arrival in Rhode Island. This applies to anyone who has been in New York in the past 14 days and going forward.

“While the Governor may have the power to suspend some state laws and regulations to address this medical emergency, she cannot suspend the Constitution. Under the Fourth Amendment, having a New York state license plate simply does not, and cannot, constitute ‘probable cause’ to allow police to stop a car and interrogate the driver, no matter how laudable the goal of the stop may be," said Brown.

“The ACLU recognizes that strong measures are needed to address the public health crisis we are witnessing, but giving the State Police the power to stop any New York-registered cars that are merely traveling through the state is a blunderbuss approach that cannot be justified in light of its substantial impact on civil liberties," added Brown.

On Friday, a GoLocal analysis found that per capita New York had tested four times more than Rhode Island.

According to the most recent data from the Rhode Island and New York health departments, it may be Cuomo who should be stopping Rhode Islanders at the border.

Raimondo’s executive order ordering law enforcement to intercept NewYorkers coming to Rhode Island fearing the spread of the coronavirus may be unfounded and a waste of resources.

Anyone coming from New York to Rhode Island is now under an order to self-quarantine for 14 days.

A GoLocal review of populations, number of tests, and the number of positive findings show that New York may be feared only because they have implemented a more comprehensive testing program.

Cuomo tweeted Thursday, "New York is doing more tests, now up to 18,650 tests per day. 25% of all tests in the country have been done in New York. We need to find the positives to help stop the spread."

On Thursday, Rhode Island only completed 220 tests -- just 1.17% of New York's testing Thursday. If Rhode Island's program was testing a proportionate number of tests, the state would have completed 1,234 tests on Thursday. 

Rhode Island officials have lagged behind other states. In Massachusetts, per capita, more than twice as many tests have been conducted than in Rhode Island. 

New York’s population is approximately 18 times larger than Rhode Island's and the Empire state has far more positive tests because New York has implemented a far more effective testing program.

According to data, New York has tested more than 122,000 residents while Rhode Island has tested less than 1,700.