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NY State Supreme Court Judge rules state’s “transmissible disease” quarantine and isolation regulation unconstitutional, violates due process, separation of powers, and not backed by science

July 16, 2022

NY State Gov. Kathy Hochul

The proposed regulation on involuntary detention

“for those who are suspected of having

a transmissible disease….

was adopted as an emergency regulation

on February 22, 2022

and has been renewed at 90-day intervals through July 20, 2022.

It has also been published in the New York State Register

for permanent adoption

through the rulemaking process.”…7/11/22, “Judge rules NYSDOH exceeded authority with COVID-19 regulation,” WRGB, Albany, via MSN…(image, NY State Gov. Kathy Hochul…Not human. Has no conscience whatsoever.)

…………………………………

Added: “Involuntary detention is a severe deprivation of individual liberty...Involuntary quarantine may have far-reaching consequences such as loss of income (or employment) and isolation from family,Ploetz wrote. The judge added that there was “no scientific data or expert testimony” to back up the rule.”

7/14/22,New York COVID-19 Quarantine Rules Unconstitutional And Illegal: Judge,by Katabella Roberts via The Epoch Times, via Zero Hedge

A New York Supreme Court judge this month quietly ruled that regulations mandating

that people infected with

or exposed to

highly contagious communicable diseases

be quarantined

are a violation of state law, 

declaring them null and void.

The Isolation and Quarantine procedures, known as Rule 2.13, were

enacted in February [2022]

Under the rule,

“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.”

Isolations may include those at home, or in residential or temporary housing,

subject to

what the public health authority issuing the order

determines is “appropriate.”

However, the rule notes that “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.”

Three Republican state legislators,

Sen. George Borrello,

assemblyman Chris Tague, and

assemblyman Michael Lawler,

along with Uniting NYS,

filed a lawsuit against

Democrat Gov. Kathy Hochul,

Commissioner of Health Mary Bassett,

the state’s health department, and

the Public Health and Health Planning Council.

Plaintiffs argued that the Isolation and Quarantine procedures were

in violation of the New York State Constitution and

a violation of the separation of powers.

““It’s unconstitutional in our eyes, and anything like that should go through the legislature, [NY State Assembly] Tague told local media.

“It should have an opportunity to be debated. To be able to have facts brought forth by health professionals, and leaders within our communities

before we just decide to put something into law.””

‘Lip Service’

In a July 8 ruling, Acting Justice of the [NY State] Supreme Court of Cattaraugus County Ronald D. Ploetz sided with the plaintiffs, stating that the rule merely gives “lip service”

to constitutional due process.

“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.

Involuntary quarantine may have far-reaching consequences such as

loss of income (or employment) and

isolation from family, Ploetz wrote.

The judge added that there was

“no scientific data or expert testimony”

to back up the rule.”…

Read more here…

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Added: Uniting NYS lawsuit timeline starting 4/1/22:

“Timeline…

  • April 1, 2022 Lawsuit filed
  • April 5, 2022 Press conference in Albany, NY
  • April 6, 2022 A WIN!  The Court grants our Order To Show Cause!
  • April 12, 2022 Instead of answering our lawsuit, the Attorney General removed our case
  • to Federal Court (total stall tactic)
  • April 13, 2022 Federal Court conference regarding our Order To Show Cause to remand the case back to State Court.
  • April 14, 2022 We filed a Motion to remand back to State Court
  • April 19, 2022 Oral arguments before the Federal Judge
  • April 19, 2022 Our motion is granted!  We’re back in State Court
  • April 21, 2022 Amicus Brief is filed in support of our case by Assemblymen Andy Goodell, Joe Giglio and Minority Leader Will Barclay
  • April 22, 2022 Conference with State Court Judge
  • April 22, 2022 Governor/DOH oppose the filing of the Amicus Brief!
  • April 29, 2022 Amicus Curiae file motion for permission to file Amicus Brief
  • May 6, 2022 Governor/DOH filed their Answer to our lawsuit, and they filed their opposition to Amicus Brief. Their Answer is LONG and FULL of inaccuracies and misstatements!
  • May 7, 2022 Amici Curiae filed Reply papers to support their motion for Amicus Brief to be permitted.
  • May 9, 2022 We filed brief in support of Amicus Brief
  • May 12, 2022 A WIN! Judge rules in our favor and allows the Amicus Brief!
  • May 13, 2022 We filed rebuttal papers to Governor/DOH Answering papers
  • May 27, 2022 Oral arguments
  • July 8, 2022 WE WON! The Judge ruled in our favor. The “quarantine camp” regulation has been struck down!”
UnitingNYS.com

More Actions

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Comment: Much worse than Cuomo. Off the charts inhumane.

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