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NY Supreme Court rules state's quarantine and isolation orders unconstitutional

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"Involuntary detention is a severe deprivation of individual liberty," 
Justice Ploetz wrote, "far more egregious than other health safety 
measures, such as requiring mask-wearing."

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.

Rule 2.13 of the law, titled "Isolation and Quarantine Procedures," reads 
as follows:

"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

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NY Supreme Court rules state's quarantine and isolation orders unconstitutional zinn <zinn@reno.us> - 2022-08-07 08:23 +0000

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