WeLoveTrump has reported on New York Gov. Kathy Hochul’s tyrannical power grab for over a year.
The aspiring dictator bypassed the state legislature to enact authoritarian health regulations.
The health regulations included isolation and quarantine procedures to "control the spread of a highly contagious communicable disease."
Section 2.13 Isolation and Quarantine Procedures previously stated (access to this page is now denied):
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.
Hochul's quarantine camp regulation was ruled illegal in court last year.
Uniting NYS filed a lawsuit against Governor Kathy Hochul and the New York State Department of Health for their egregious power grab.
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 via Rumble:
Great News! Hochul’s Covid Camp regulation struck down by Court!
from John Gilmore@KathyHochul @GovKathyHochul @HochulWatch @bravest4choice @BrianOSheaSPI @nyfreedomrally @progressiveact #FireKathyhttps://t.co/OHC75w7YDc
— Teachers for Choice (@teacher_choice) July 9, 2022
SUCK IT @KathyHochul @GovKathyHochul pic.twitter.com/zHstONQ3iu
— New York Freedom Rally (@nyfreedomrally) July 8, 2022
Teachers For Choice reported last July:
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.
Hochul’s regulation allowed public health officers to arrest people suspected of having been exposed to a communicable disease, which in the age of Covid means everybody, with no need for proof of infection, no hearing, no magistrate, and no legal counsel for the accused. The accused could be held for an indefinite period at the health department’s discretion since actual infection by a disease was not required for arrest and detainment.
Read the full ruling HERE.
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On Monday, Gov. Hochul appealed the court's ruling.
The New York Democrat still wants to throw Americans into quarantine camps.
Breaking News! Hochul files appeal to our lawsuit! @teachersforchoice @koziswellness @NYCParent212 @nyfreedomrally @cc_ofnys @FireReilich @qvgopny @WNYOpenSchools @cafecitobreak https://t.co/Oelwx7FHC0
— Uniting NYS (@UnitingNYS) March 15, 2023
Kathy Hochul’s proposed policy is so heinous it sounds made up. Unfortunately, it’s not. Please read this short but informative piece from @Attorney_Cox, the lawyer who defeated this huge overreach the first time. It’s critical we put an end to this now. https://t.co/pQEr6iRl2u https://t.co/Q3mrrWqLSj
— Josh Stylman (@jstylman) March 15, 2023
Attorney Bobbie Anne Flower Cox wrote at Brownstone Institute:
Late in the day on Monday March 13, 2023, just hours before the deadline, New York Attorney General, Letitia James, filed an appeal to try to overturn our successful lawsuit that struck down Governor Hochul’s unconstitutional “Isolation and Quarantine Procedures” regulation.
The case, Borrello v. Hochul, which we won last July, was brought against the Governor and her Department of Health, on behalf of a group of NYS Legislators, Senator George Borrello, Assemblyman Chris Tague, Assemblyman (now Congressman) Mike Lawler, together with our citizens’ group, Uniting NYS.
The main premise of the case was breach of Separation of Powers – meaning the Governor and her Department of Health did not have the authority to make their dystopian “Isolation and Quarantine Procedures” regulation.
The Regulation:
For anyone unfamiliar with this regulation, it allowed the Department of Health to pick and choose which New Yorkers they could lock up or lock down, with no proof that you were ever even exposed to, let alone actually sick with, a communicable disease. They could have locked you down in your home, or they could have removed you from your home and forced you to quarantine in a facility of their choosing.
There was no time restriction, so you could have been quarantined for however long they required – days, weeks, months. There was no age restriction, so they could have done this to you, to your child, to your grandchild, etc. In the true fashion of a totalitarian regime, they could have told you what you could and could not do while in quarantine. They literally could have controlled your every move.
The regulation allowed them to use law enforcement to enforce their orders of isolation or quarantine, which means you could have received a knock at the door from your local police or sheriff telling you that you had to go with them… by order of the Health Department.
Furthermore, the regulation had no procedure by which you could be released from quarantine, no way for you to try to negotiate your way out. And it was not COVID19 specific. There was a laundry list of “communicable diseases” that could have triggered this nightmare loss of freedom – diseases such as Lyme, Toxic Shock Syndrome, COVID19 and so many others.
The Timeline:
We first filed our case in April 2022, and after months of fighting the Attorney General in NYS Supreme Court, Judge Ronald Ploetz rendered his decision in July 2022. Within days, the Attorney General’s office filed a Notice of Appeal which then gave them six months to file their appeal papers. We had statewide elections in November, and both Governor Hochul and Letitia James were running for election.
Interestingly, they did not file their appeal to try to overturn this horrific regulation before that crucial election. Then, just days before their six months was going to expire in January 2023, they made a request for an additional two months to file their appeal! Despite our objection, the court granted the extension thereby giving the Attorney General until March 14, 2023 to file the appeal. Mere hours before the deadline, they filed their appeal.
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