Man suing Cuomo over COVID form

A New Jersey man who was briefly held at John F. Kennedy Airport for refusing to fill out a New York state COVID-19 questionnaire is suing Gov. Cuomo for “trespassing” on federal border laws.

Yoel Weisshaus landed at JFK on Nov. 18 from an overseas trip and was planning to return home to New Milford, N.J., the lawsuit filed in Brooklyn said.

Upon his arrival, a customs officer told him he had to fill out the New York State Traveler Health Form, according to the lawsuit filed Tuesday.

When Weisshuas refused to fill out the questionnaire, he was told by the armed agent “you cannot leave until you complete this form,” the suit said. The lawsuit did not specify how long Weisshaus was held at the airport.

The lawsuit argues that Cuomo is trying to usurp the federal government’s authority on border policing.

“Defendant [Cuomo] acting under the color of law is interfering with Customs and Border Protection by imposing its own dictate of screening for admission into the United States,” the lawsuit said.

Cuomo issued an executive order earlier this year mandating that airline travelers fill out the questionnaire or risk facing a $2,000 fine if they’re coming from a COVID hotspot.

Weisshaus claims in the lawsuit that his future plans to travel overseas in January are now threatened by the fact that he may be forced “under duress” to give personal information to New York State officials.

The New Jersey man declined to tell the Daily News where he was going in January or why he did not want to fill out the health form.

“I’m not going to go above my attorney,” Weisshaus said. His lawyer declined to comment.

“We get sued virtually every day for virtually every action taken during this pandemic, and frankly I’ve lost track of all the frivolous suits filed against us. We are moving heaven and earth to contain this virus and we know some people are unhappy, but better to be unhappy than sick or worse,” said Cuomo spokesman Rich Azzopardi.