Posted on 07/28/2022 4:55:07 PM PDT by lightman
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.
But Rule 2.13 put all power into the hands of the commissioner of health, the document stated.
In the 1953 New York quarantine law, isolation can only happen after a complex process.
First, a doctor must report someone who is currently sick with a contagious disease to government health officers.
Then, the health officers must investigate and report their findings to a magistrate, who can then hold a quarantine hearing.
But Rule 2.13 allowed the commissioner to order quarantining for anyone, anywhere, at any time.
People isolated under the rule only got a judicial review and the right to a lawyer after they were put in quarantine, the court wrote.
This order offered only “lip service” to constitutional due process.
“These protections are after-the-fact and would force the detainee to exercise these rights at a time when he or she is already detained, possibly isolated from home and family, and in a situation where it might be difficult to obtain legal counsel in a timely manner,” the court decision read.
The case was the result of a pro bono lawsuit by attorney Bobbie Anne Cox.
“You can’t make laws or rules that don’t have protections built in to protect the citizens,” Cox said.
However, laws like the New York one still exist in other states.
In Florida, the state health officer can order quarantines for any individual that “poses a danger to the public health.”
Amazingly criminals have more rights that a healthy, non infected citizen!
“In Florida, the state health officer can order quarantines for any individual that “poses a danger to the public health.”
So if biden visits.......?
Don’t tear it down. There will need to be a place to keep politicians in solitary confinement for years, maybe decades, while they await hearings for citizen complaints.
“More winning.”
The governor and her minions need to swing.
I’m partial to the Third Defenestration of Prague (1620) treatment.
What the Nazis did to the Jews, Democrats will do to us.
“…to place even healthy citizens in quarantine camps for an indefinite time without review. “
Implementing that one would separate the keyboard commandos from real Americans.
About one year ago, the Delta version was hitting N. California. A 50 something son with our DNA and a 50 something son, who adopted us were identified as infected.
Their personal docs could not or did not see the medical report saying Delta. They were informed by phone by the two different labs in 2 different counties, that Delta Covid was involved.
Yet based on the undocumented test supposedly showing positive, every family member was supposed to be in quarantine/isolation.
Neither wife had even a running nose, temps or any other symptoms nor did any children in either family from ages 4 to 19. Yet they all were quarantined.
The guys took the standard non approved oral outpatient regimen and beat the crud in a few days.
Their healthy spouses and children had zero temps nor symptoms and everyone was still quarantined for whatever the time period was.
Earlier this month, some of my wife’s family in the Mid West had some type of Covid infections hit the males in her family from ages 74 to healthy 21/22 year old guys.. Her niece had the blahs for a day and was over it. Her husband (50 something) was sick for a week. My wife’s grand nieces in this family had nothing and stayed in their granddad’s home during the isolation. He stayed and helped with his sick SIL! They never found out what version of the crud hit the family or the SIL, or if there was more than one version.
Unenforceable because we are still armed.
These people like Hochul are dictators. They yap about BS “rights” like the right to abortion, but then try to setup interment camps where they could throw anyone in they choose to put on a proscription list. F’n dictators.
Cannot upset the lbqlztrw crowd.
Quarantining gay men would certainly lead to a superspreader event.
It would run itself out, but someone would have to clean up the mess with VSR.
We now need to punish the tyrannts. The only thing they understand is force.
Quarantine the citizenry not the illegals coming in, that’s racist
They threw us a bone.
Meanwhile, NYS just declared monkeypox a health emergency.
You call that winning?
New York is a quarantine camp as is Los Angeles you don’t leave them you have to escape them.
All the way!
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