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Gov. Kathy Hochul’s Quarantine Camp Regulation Struck Down by Court


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Fantastic news from New York Yesterday evening!

Governor Kathy Hochul’s quarantine camp regulation was ruled illegal in court.

Hochul and the New York State Department of Health gave themselves the power to force citizens into quarantine inside a “facility” of their choice.

Citizens would have to remain in the facility for however long the governor and health department deem appropriate.

The tyrants granted themselves this authority even if they think an individual might have a communicable disease.

New York Governor Kathy Hochul Quietly Enacts Health Regulations for Tyrannical Power Grab

Uniting NYS filed a lawsuit against Governor Kathy Hochul and the New York State Department of Health for their egregious power grab.

Lawsuit Filed Against New York Governor Kathy Hochul and State Department of Health for Quarantine Camp Regulation

Attorney Bobbie Anne Flower Cox did this lawsuit PRO BONO, which means she wasn’t getting paid.

Her co-counsel Attorney Tom Marcelle also donated his time gratuitously.

WATCH:

On Friday, Gov. Hochul’s quarantine camp regulation was struck down in court.

Teachers for Choice reported:

Yesterday afternoon a New York State Superior Court Judge struck down a regulation issued by Governor Kathy Hochul earlier this year that gave herself sweeping new powers to arrest and detain indefinitely anybody suspected of exposure to Covid or any other communicable disease.

“This is a great victory for the rule of law, for the Constitution, and for We the People.  New Yorkers can now rest easy that they will not be subjected to illegal forced isolation and quarantine by unelected bureaucrats in the Executive Branch of government,” said Bobbie Anne Cox, the attorney who filed and argued the suit for Uniting NYS and a group of Republican legislators. “The Executive Branch has rightfully been put back into their lane.  They cannot make or alter laws… only the Legislative Branch can do that.”

Judge Ronald Ploetz of Cattauragas County noted in his decision that New York has a longstanding law, Public Health Law (PHL) 2120,  governing how people could be quarantined to prevent transmission of communicable disease.  Current New York  law allows physicians and public health officers to report people known to have a communicable disease to health authorities who can then obtain a court order by submitting proof to a judge that a quarantine is necessary, and the suspected carrier would have legal counsel, all of which are required by both the United States and New York Constitutions. Only then could the Court order the infected person to be involuntarily quarantined until the Chief Medical Officer of the hospital or quarantining institution determines the person was no longer infectious.

“No such due process protections are afforded by Rule 2.13. 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 as
required by PHL $ 2120. Only Rule 2.1 3 allows local law enforcement to enforce the Commissioner’s ex-parte order,” Judge Ploetz wrote in his decision.


Read the full ruling HERE.



 

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