zinn
2022-08-15 06:39:17 UTC
In February, New York Democratic governor Kathy Hochul enacted a new order
that would allow health officials to enforce isolation and quarantine
wherever they deemed it necessary.
On Friday, a New York Supreme Court judge struck down the rule after
finding it to be in violation of state law.
"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."
The rule also gave health authorities the ability to "monitor" people to
"ensure compliance with the order and determine whether such person
requires a higher level of medical care."
Following the passage of the rule, state Sen. George Borrello, two
Republican state Assembly members, and NYS United filed a lawsuit against
Gov. Hochul as well as state health commissioner Mary Bassett, the state
Health Department, and the state Public Health and Health Planning
Council. They argued that the rule lacked due process, and gave
authorities too much discretion when deciding who should be placed in
quarantine.
According to The Observer, Section 2120 of the state Public Health Law
requires that an "independent magistrate" set the terms of detention.
In his ruling, NY Supreme Court Justice Ronald Ploetz argued similarly.
"The efficacy of isolating or quarantining infected individuals has been
known to mankind since Biblical times, and probably before," he wrote in
his decision. "Respondents offered no scientific data or expert testimony
why Rule 2.13 was a necessary response to combat Covid-19, but instead
contend only that it would provide a quick and nimble approach to
combatting the pandemic."
"Involuntary detention is a severe deprivation of individual liberty," he
continued, "far more egregious than other health safety measures, such as
requiring mask-wearing at certain venues. Involuntary quarantine may have
far-reaching consequences such as loss of income (or employment) and
isolation from family."
In New York, the Supreme Court is in the bottom tier of the judicial
system, with the Court of Appeals taking the spot as the "highest court in
the land."
https://thepostmillennial.com/ny-supreme-court-rules-states-quarantine-
and-isolation-orders-unconstitutional
that would allow health officials to enforce isolation and quarantine
wherever they deemed it necessary.
On Friday, a New York Supreme Court judge struck down the rule after
finding it to be in violation of state law.
"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."
The rule also gave health authorities the ability to "monitor" people to
"ensure compliance with the order and determine whether such person
requires a higher level of medical care."
Following the passage of the rule, state Sen. George Borrello, two
Republican state Assembly members, and NYS United filed a lawsuit against
Gov. Hochul as well as state health commissioner Mary Bassett, the state
Health Department, and the state Public Health and Health Planning
Council. They argued that the rule lacked due process, and gave
authorities too much discretion when deciding who should be placed in
quarantine.
According to The Observer, Section 2120 of the state Public Health Law
requires that an "independent magistrate" set the terms of detention.
In his ruling, NY Supreme Court Justice Ronald Ploetz argued similarly.
"The efficacy of isolating or quarantining infected individuals has been
known to mankind since Biblical times, and probably before," he wrote in
his decision. "Respondents offered no scientific data or expert testimony
why Rule 2.13 was a necessary response to combat Covid-19, but instead
contend only that it would provide a quick and nimble approach to
combatting the pandemic."
"Involuntary detention is a severe deprivation of individual liberty," he
continued, "far more egregious than other health safety measures, such as
requiring mask-wearing at certain venues. Involuntary quarantine may have
far-reaching consequences such as loss of income (or employment) and
isolation from family."
In New York, the Supreme Court is in the bottom tier of the judicial
system, with the Court of Appeals taking the spot as the "highest court in
the land."
https://thepostmillennial.com/ny-supreme-court-rules-states-quarantine-
and-isolation-orders-unconstitutional