Oral arguments were heard Wednesday in the state’s appeal of a lower court ruling that found the Hochul administration violated the constitutional separation of powers in adopting a regulation establishing isolation and quarantine procedures through the agency rulemaking process.
New York Communist Kathy Hochul is still fighting to put people in quarantine camps. pic.twitter.com/SwZszadavS
— Shadow of Ezra (@ShadowofEzra) September 14, 2023
??? WHAT IS GOING ON IN NEW YORK ??? CAMPS ?? REALLY ??
I can’t believe we’re still dealing with this!!
Please watch and share!!! ??? pic.twitter.com/lbrAuBsmi9
— TONY™️ (@TONYxTWO) September 14, 2023
These fascists are evil and nuts. A judge threw out NY’s quarantine camp law, but they are still fighting.
Olean Times Herald: ROCHESTER — Oral arguments were heard Wednesday in the state’s appeal of a lower court ruling that found the Hochul administration violated the constitutional separation of powers in adopting a regulation establishing isolation and quarantine procedures through the agency rulemaking process.
Originally filed in April 2022 in State Supreme Court of Cattaraugus County, the petitioners of the lawsuit are state Sen. George Borrello, Assemblyman Chris Tague, Assemblyman (now, Congressman) Michael Lawler and the organization Uniting NYS.
The regulation gives the state Department of Health and/or the local health authority the power to mandate isolation and quarantine orders for individuals with no proof they are sick or have been exposed to diseases listed in the regulation. It also provides the health authority with the ability to determine the isolation location, which may include facilities outside of one’s own home and even using law enforcement to do so.
New York Judge Throws Out State’s Quarantine Camp Law Declaring It Unenforceable
By Jackson Elliott, The Epcoh Times, July 28, 2022Updated: July 28, 2022:
A New York judge overturned a law that allowed the state government to place even healthy citizens in quarantine camps for an indefinite time without review.
Until July 8, the New York Department of Health had immense power to enforce quarantine measures on citizens. It received this power from the state’s Rule 2.13.
Legislators never voted to allow the New York Commissioner of Health to put any individual into quarantine for any length of time.
Gov. Kathy Hochul and the Department of Health ordered the rule’s protocols during the COVID-19 pandemic.
Then, the state renewed Rule 2.13 every 90 days. The commissioner wanted to make the rule permanent, respondents told the court.
The court overturned Rule 2.13, stating that the executive branch had wrongly used legislative authority.
“Involuntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures, such as requiring mask wearing at certain venues,” the court’s opinion read.
“Involuntary quarantine may have far-reaching consequences such as loss of income [or employment] and isolation from family.”
The court barred state enforcement of Rule 2.13 because the executive branch lacked the authority to introduce it. But the court decision also condemned the rule for its failure to consider individual freedom or due process.
“The commissioner has unfettered discretion to issue a quarantine or isolation for anyone, even if there is no evidence that person is infected or a carrier of the disease. Further, the commissioner sets the terms, duration, and location of the detention, not an independent magistrate,” the court document read.
Previous New York laws about quarantine protected individual rights, it added.
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Article posted with permission from Pamela Geller
