(READ) Court challenge to NY power to force quarantines


A coalition known as Uniting New York State (NYS) is now suing the New York State Supreme Court over a health department regulation that gives the New York Department of Health (DOH) the right to “forcibly isolate or quarantine” people with no proof they pose a health threat.

The regulation, 10 NYCRR 2.13 “Isolation and Quarantine Procedures” took effect April 22, according to the NY DOH state website. (Read the full text of the regulation below.)

Uniting NYS has enlisted the help of Attorney Bobbie Anne Cox of Cox Lawyers, PLLC who filed the lawsuit in New York State Supreme Court at the beginning of April.

Several local legislators have also become part of the effort. They include: Senator George Borrello, Assemblyman Mike Lawler, Assemblyman Chris Tague, Assemblyman and Minority Pro Tempore Andrew Goodell, Assemblyman and Minority Leader William Barclay, and Assemblyman Joseph Giglio.

The coalition argues that the case is about separation of powers between the executive branch of government (the Governor and DOH) versus the legislative branch of government (NY State Senators and Assembly Members). 

The lawyers argue New York’s “regulation” is really a law that the Governor and DOH are illegally forcing on people, and that only the legislative branch has the power to make law. New York Governor Kathy Hochul and the DOH do not have the power or authority to force people to isolate or quarantine, says the lawsuit. 

Supporters of the court challenge say New York’s action is yet another example of extreme government overreach seen since the beginning of the Covid-19 pandemic, and that Covid-19 is being used by government agencies and entities to justify limiting personal freedoms and civil liberties.

New York State enacted some of the most restrictive lockdown measures, masking policies and vaccine mandates for its residents. Scientists say the lockdowns and measures, including mass vaccination, did not have the impact public health officials predicted they would have. Numerous studies now show that Covid became substantially more common among the vaccinated than the unvaccinated.

To learn more information about the case and follow the Uniting NYS coalition, you can watch a Rumble video here or visit the group’s website.


Effective Date 

04/22/2022

2.13 Isolation and Quarantine Procedures

(a) Duty to issue isolation and quarantine orders

(1) Whenever appropriate to control the spread of a highly contagious communicable disease, the State Commissioner of Health may issue and/or may direct the local health authority to issue isolation and/or quarantine orders, consistent with due process of law, to all such persons as the State Commissioner of Health shall determine appropriate.

(2) Paragraph (1) of this subdivision shall not be construed as relieving the authority and duty of local health authorities to issue isolation and quarantine orders to control the spread of a highly contagious communicable disease, consistent with due process of law, in the absence of such direction from the State Commissioner of Health.

(3) For the purposes of isolation orders, isolation locations may include home isolation or such other residential or temporary housing location that the public health authority issuing the order determines appropriate, where symptoms or conditions indicate that medical care in a general hospital is not expected to be required, and consistent with any direction that the State Commissioner of Health may issue. Where symptoms or conditions indicate that medical care in a general hospital is expected to be required, the isolation location shall be a general hospital.

(4) For the purposes of quarantine orders, quarantine locations may include home quarantine, other residential or temporary housing quarantine, or quarantine at such other locations as the public health authority issuing the order deems appropriate, consistent with any direction that the State Commissioner of Health may issue.

(b) Any isolation or quarantine order shall specify:

(1) The basis for the order;

(2) The location where the person shall remain in isolation or quarantine, unless travel is authorized by the State or local health authority, such as for medical care;

(3) The duration of the order;

(4) Instructions for traveling to the isolation or quarantine location, if appropriate;

(5) Instructions for maintaining appropriate distance and taking such other actions as to prevent transmission to other persons living or working at the isolation or quarantine location, consistent with any direction that the State Commissioner of Health may issue;

(6) If the location of isolation or quarantine is not in a general hospital, instructions for contacting the State and/or local health authority to report the subject person’s health condition, consistent with any direction that the State Commissioner of Health may issue;

(7) If the location of isolation or quarantine is a multiple dwelling structure, that the person shall remain in their specific dwelling and in no instance come within 6 feet of any other person, and consistent with any direction that the State Commissioner of Health may issue;

(8) If the location of isolation or quarantine is a detached structure, that the person may go outside while remaining on the premise, but shall not leave the premise or come within 6 feet of any person who does not reside at the premise, or such other distance as may be appropriate for the specific disease, and consistent with any direction that the State Commissioner of Health may issue;

(9) Such other limitations on interactions with other persons as are appropriate, consistent with any direction that the State Commissioner of Health may issue;

(10) Notification of the right to request that the public health authority issuing the order inform a reasonable number of persons of the conditions of the isolation or quarantine order;

(11) A statement that the person has the right to seek judicial review of the order;

(12) A statement that the person has the right to legal counsel, and that if the person is unable to afford legal counsel, counsel will be appointed upon request.

(c) Whenever a person is subject to an isolation or quarantine order, the State Department of Health or local health authority, or the local health authority at the State Department of Health’s direction shall, consistent with any direction issued by the State Commissioner of Health:

(1) monitor such person to ensure compliance with the order and determine whether such person requires a higher level of medical care;

(2) whenever appropriate, coordinate with local law enforcement to ensure that such person comply with the order; and

(3) the extent such items and services are not available to such person, provide or arrange for the provision of appropriate supports, supplies and services, including, but not limited to: food, laundry, medical care, and medications.

(d) If the location of an isolation or quarantine order is owned by a landlord, hotel, motel or other person or entity, no such landlord or person associated with such hotel, motel or other person or entity shall enter the isolation or quarantine location without permission of the local health authority, and consistent with any direction that the State Commissioner of Health may issue.

(e) No article that is likely to be contaminated with infective material may be removed from a premise where a person is isolated or quarantined unless the local health authority determines that such article has been properly disinfected or protected from spreading infection, or unless the quarantine period expires and there is no risk of contamination. Such determinations shall be made pursuant to any direction that the State Commissioner of Health may issue.

(f) Any person who violates a public health order shall be subject to all civil and criminal penalties as provided for by law. For purposes of civil penalties, each day that the order is violated shall constitute a separate violation of this Part.

(g) Duty of attending physician

(1) Every attending physician shall immediately, upon discovering a case or suspected case of a highly contagious reportable communicable disease, cause the patient to be appropriately isolated and contact the State Department of Health and the local health authority where the patient is isolated and, if different, the local health authority where the patient resides. 

(2) Such physician shall advise other members of the household regarding precautions to be taken to prevent further spread of the disease, consistent with any direction that the State Commissioner of Health may issue. 

(3) Such physician shall furnish the patient, or caregiver of such patient where applicable, with detailed instructions regarding the disinfection and disposal of any contaminated articles, consistent with any direction that the State Commissioner of Health may issue.

Statutory Authority 

Public Health Law, Sections 225, 576, and 2803

Volume 

VOLUME A (Title 10)


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3 thoughts on “(READ) Court challenge to NY power to force quarantines”

  1. The New York City Department of Health is the Orwellian Ministry of Love, of course it has the right to do everything, including the right to “force isolate or quarantine” people without any evidence. Freedom is Slavery – Orwell.

  2. Earlier this year I became aware of this appalling abuse of regulatory authority and of three other regulations almost as bad. I registered my objections during the comment period and also wrote to my local newspaper. Hardly any New Yorkers are aware of what lies in store for them,

    Previously there was a bill to the same effect proposed in the NYS Legislature. It languished for several years and then was brought forward during covid. Public response was 95% negative, and the bill was withdrawn. Anticipating this outcome, Hochul decided to subvert the will of the people by going through the back door. The Health Commissioner of New York is appointed by the governor and serves at the governor’s pleasure, so all this power over the people of New York is really in the governor’s hands. As bad as Cuomo was, I’m not sure he would have done this.

    As to the language of the regulation, it is so broad that there are essentially no restrictions on what the governor can do to punish those who disagree with her. The common cold is a “highly contagious communicable disease.” A person only has to be suspected of having a disease to be torn from her home and placed in an internment camp. There are no limits on the duration of confinement.

    It takes truly evil totalitarians to come up with ideas like this one. I just pray the courts smash this down.

  3. I have to wonder if the corrupt NY players are deliberately driving New Yorkers from the city. Perhaps it’s just another facet of the usual Rockefeller land-grab doctrine(and now: Black Rock). In any event, Florida will become home to former Californians and New Yorkers. As a footnote, it is most interesting that Health and Health ‘Care’ were used to subvert Constitutional tenets–from my research, going back to Truman. The incremental loss of civil liberties has been framed upon fabrications regarding Safety and Security. This reminds us of the famous Ben Franklin quote (attributed to him at least):
    “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

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