NYS GOV OVER REACH ( NYS GOV. Hochul)

***NYS GOVERNMENT OVER REACH***

NY appeals court overturns Ploetz ruling on COVID-19 rulemaking

• By RICK MILLER Olean Times Herald
• Nov 20, 2023 Updated Nov 20, 2023

They said the ruling not only paved the way for Hochul and her Department of Health to re-issue the rule, “it has set a precedent to preclude citizens from rightfully challenging government overreach in court, and they’ve effectively unconstitutionally empowered the Executive Branch to overreach into policymaking, which is a decision that could open the door to further abuses of power.”

The regulation, 10 NYCRR 2.13, established isolation and quarantine procedures for those who are suspected of having a communicable disease. 

It was adopted as an emergency regulation on Feb. 22, 2022, and has been renewed at 90-day intervals through July 20, 2022.

Ploetz heard arguments in the case in Little Valley on May 26, 2022.

“This has been a ‘David v. Goliath’ fight from the beginning on many levels, so it is not surprising that the state, with its limitless resources, has effectuated a win this round,” Borrrello, Lawler and Tague said in the joint statement.

“We will never stop fighting for New Yorkers against government overreach. And so, we will be appealing this calamitous decision to the Court of Appeals, our state’s highest court, which is a court of constitutional integrity, and we are confident justice for New Yorkers will prevail.”

ROCHESTER — State Sen. George Borrello said Monday he and other lawmakers plan to appeal the decision by the Appellate Division of State Supreme Court overturning ruling last year by Acting Supreme Court Judge Ronald D. Ploetz that the state Health Department’s COVID-19 rulemaking violated separation of powers.

Rule 2.13 “establishes a process whereby the state and/or local health department can order and enforce isolation and quarantine measures for individuals who are ill or suspected of being ill with a communicable disease.”

Borrello to appeal court decision on quarantine powers

• By RICK MILLER Olean Times Herald
• Nov 30, 2023 Updated Dec 5, 2023

The state’s new health commissioner has no plans to reintroduce new isolation and quarantine rules that were the subject of a lawsuit by state Sen. George Borrello. 

Borrello, R-Sunset Bay, questioned James McDonald, state health commissioner, on the issue this week during a state budget hearing. 

Borrello challenged the change to isolation and quarantine rules in state Supreme Court, which ruled in Borrello’s favor, before the lower court ruling was later overturned by the Fourth Department Appellate Division on the grounds that Borrello and his fellow state legislators didn’t have standing to sue.

“With that being said, that paves the way for you to be able to reinstitute Rule 2.13 or something similar to it,” Borrello said. “Do you have any plans to do so?”

McDonald replied that he couldn’t talk much about the issue because there is still an active lawsuit because Borrello chose to appeal the November appellate division ruling. 

Borrello noted the state already had a law on the books that dealt with isolation and quarantine rules and pressed the issue with McDonald if he planned to reinstitute Rule 2.13. 

New York announces it will take citizen surveillance and censorship to the next level

By Standing for Freedom Center Staff / Friday, November 17, 2023

Like the plot to a dystopian movie, New York will now monitor social media writings, collect data, and use law enforcement to crack down on any expression it deems to be hate speech.

New York Gov. Kathy Hochul, D, announced on Monday (12/4/23) that the state will ramp up surveillance efforts of social media accounts and that law enforcement will take proactive measures, including contacting people on suspicion of using “hate speech.”

Republican senator Borello is one of the champions fighting this tranny. 

- Senator George    Borrello

Senator Borrello said, “the expansive emergency powers that were given to the Executive Branch during the pandemic set a dangerous precedent that was ripe for abuse. That is what occurred here. Reluctant to relinquish the unrivaled authority that accompanied New York’s ‘state of emergency’, the governor sought to improperly use the agency rulemaking process as another conduit for unilateral control. If we allowed that to occur unchallenged, it would be inviting further violations of the constitutional separation of powers.”

The ruling by Judge Ronald Ploetz of the State Supreme Court of Cattaraugus County cited the fact that there is already established Public Health Law 2120 governing isolation and quarantine which balances individual rights and the need for public safety. He notes that in Rule 2.13 there is “no such due process protections…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… Involuntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures… Rule 2.13 merely gives "lip service" to Constitutional due process.”

****We will be appealing this calamitous decision to the Court of Appeals, our state’s highest court, which is a court of constitutional integrity, and we are confident justice for New Yorkers*****

Nov 20,2023 STATEMENT: “We are deeply disappointed in the Appellate Division’s ruling in favor of the Hochul administration in the case of Borrello, Lawler, Tague, Uniting NYS v. Hochul. The court did not address the merits of the case which were outlined by Judge Ploetz in his original decision. Instead, they shamefully reversed and dismissed the case on a technicality, claiming that we, the petitioners, somehow lacked standing to bring the case in the first place.

We strongly disagree with their ruling and are concerned about the widespread implications of this erroneous decision. They have not only paved the way for Hochul and her Department of Health to re-issue this heinous Rule, but they have set a precedent to preclude citizens from rightfully challenging government overreach in court, and they’ve effectively unconstitutionally empowered the Executive Branch to overreach into policymaking, which is a decision that could open the door to further abuses of power.

In light of Governor Hochul’s other overreaches into the daily lives of New Yorkers, including her effort to ban gas stoves, her ‘housing’ plan that would eliminate local zoning, and her excessive mask mandates on children, to name a few, our concerns are well-warranted.

This has been a ‘David v. Goliath’ fight from the beginning on many levels, so it is not surprising that the state, with its limitless resources, has effectuated a win this round. We will never stop fighting for New Yorkers against government overreach.  

In light of Governor Hochul’s other overreaches into the daily lives of New Yorkers, including her effort to ban gas stoves, her ‘housing’ plan that would eliminate local zoning, and her excessive mask mandates on children, to name a few, our concerns are well-warranted.

This has been a ‘David v. Goliath’ fight from the beginning on many levels, so it is not surprising that the state, with its limitless resources, has effectuated a win this round. We will never stop fighting for New Yorkers against government overreach.  And so, we will be appealing this calamitous decision to the Court of Appeals, our state’s highest court, which is a court of constitutional integrity, and we are confident justice for New Yorkers

We will be appealing this calamitous decision to the Court of Appeals, our state’s highest court, which is a court of constitutional integrity, and we are confident justice for New Yorkers

- Assemblyman Chris Tague

- Congressman Mike Lawler

- Citizens’ group Uniting NYS

“Isolation and Quarantine Procedures”regulation

Bobbie Ann Cox, Attorney 

@Attorney_Cox

Government Overreach Matters

***Hochul and her DOH (Executive Branch) stole the legislators’ power to make law (Legislative Branch) when they created the quarantine reg which was a law (despite the fact that the DOH called it a regulation).****

Another appeal but this time the NYS Supreme Court…. If needed, the U.S. Supreme Court 

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NEW YORK JUST MADE IT LEGAL TO QUARANTINE AND ISOLATE CITIZENS INDEFINITELY

by

MIKE GUNZELMAN

November 20, 2023, 12:56 pmupdated November 22, 2023, 6:53 pm

https://youtu.be/C2AfmkB5JEw?si=tHFJ29v9A5HOhZTi

What is the 2.13 law in NY?The regulation, 10 NYCRR 2.13,established isolation and quarantine procedures for those who are suspected of having a communicable disease. It was adopted as an emergency regulation on Feb. 22, 2022, and has been renewed at 90-day intervals through July 20, 2022.

Q&A…

I’m sure you have a thousand questions, so I’ll try to predict and answer some here:

• Which court issued this decision?

  • It is the New York State Supreme Court, Appellate Division, in the Fourth Judicial Department. It is the middle court in the three levels of NYS courts, meaning, we began last year at the trial court level (NYS Supreme Court in Cattaraugas County). We won there. Then the Governor appealed to the next court which is the Appellate Division, and that is who reversed the trial court, and dismissed our lawsuit.

• Who were the judges?

  • It was a panel of 5 judges that decided the appeal. They are all appointed by a governor. On my panel I had 2 Hochul appointees, 2 Cuomo appointees, and 1 Pataki appointee. You can watch the oral arguments from September here. The Attorney General’s office argued first and starts at 48:00 minute mark. Then I was next, and that starts at 1:02:35 mark.

• Is there another court above this one that I can appeal to now?

  • Yes. The final and highest court in New York State is the Court of Appeals. It sits in Albany, and is presided over by a panel of 7 judges. They, too, are all appointed by a governor. They do not hear all cases that apply to the court (similar to the US Supreme Court), so I would have to draft a motion to try to convince the high Court to hear our case!

• Now that this court overturned the lower court’s decision, will Rule 2.13 (the quarantine regulation) be re-instated?

  • Unfortunately, this court has opened the door and paved the way for Hochul and her DOH to re-issue this anti-freedom, anti-American regulation. Fire at will, is what the court has proverbially told them. There is nothing stopping the tyranny of the Executive Branch now.

• Does Rule 2.13 allow Hochul and her DOH to set up actual quarantine camps?

  • The reason the public has dubbed this regulation the “quarantine camp regulation” is because the language in the reg makes it crystal clear that the DOH can pull you from your home (and your life) and, with the force of police, hold you anywhere they deem appropriate, including “other residential or temporary housing”… Remember, the reg says they don’t have to prove you are sick, they can hold you for however long they want, and there is no way for you to get out of lock up or lock down (unless you get a lawyer and sue them)!!! You can read articles I’ve written and interviews I have done about the reg and the lawsuit on my Substack here, or on my website: www.CoxLawyers.com

  • By the way, I fact-checked the Associated Press’ phony “fact check” article they ran shortly after my oral arguments in September, and I determined their article to be FALSE. It’s particularly surprising because that AP reporter contacted us (my plaintiffs and me) for clarification prior to publishing her false article. Clearly she ignored what we said! Anyway, this dystopian regulation absolutely allows Hochul and her DOH to institute quarantine locations, whether you call them facilities, institutions, halls, or camps, it matters not. It’s still unconstitutional! 

• What do my plaintiffs think?

  • Obviously, they are very upset by this decision. An official press release will go out shortly. Stay tuned, and of course I will share it with you via Substack and my Twitter… @Attorney_Cox

Rule 2.13: The State can come remove you from your home & put you into quarantine

 

N.Y. Comp. Codes R. & Regs. Tit. 10 § 2.13 - Repealed ROCHESTER — Oral arguments were heard Wednesday in the state’s appeal of a lower court ruling that found the Hochul administration violated the constitutional separation of powers in adopting a regulation establishing isolation and quarantine procedures through the agency rulemaking process. 

Originally filed in April 2022 in State Supreme Court of Cattaraugus County, the petitioners of the lawsuit are state Sen. George Borrello, Assemblyman Chris Tague, Assemblyman (now, Congressman) Michael Lawler and the organization Uniting NYS. 

The regulation gives the state Department of Health and/or the local health authority the power to mandate isolation and quarantine orders for individuals with no proof they are sick or have been exposed to diseases listed in the regulation. It also provides the health authority with the ability to determine the isolation location, which may include facilities outside of one’s own home and even using law enforcement to do so.

She said the “horrendous regulation” would allow the administration to use law enforcement to enforce their orders or isolation or quarantine against residents. “No right to an attorney or right to appeal the order until after you are locked up,” Cox said. “Guilty until proven innocent. 

The trial court last year was absolutely correct in striking down this regulation.” Two amicus briefs in support of invalidating rule 2.13 were submitted, one by Assembly Members William Barclay, Andrew W. Goodell and Joseph Giglio and another by the New Civil Liberties Alliance, an advocacy group headquartered in Washington, D.C. Borrello called the legal effort challenging the state is a “David versus Goliath” story, citing its teams of lawyers and resources to appeal Ploetz’s ruling. 

 “However, wastefully spending taxpayers’ hard-earned dollars to try to overturn a judicial decision which is on solid constitutional ground will only further confirm that this is an Executive Branch that views itself as above the law,” he said. Several protestors were outside the court Wednesday morning to protest against quarantine, holding up signs, some of which read “No Quarantine Camps.” The five-judge panel is expected to reach its decision on this case in a few months. Gov. Kathy Hochul also held a press conference Wednesday afternoon regarding current COVID-19 cases and hospitalizations. 

 She said that, while the number of cases isn’t as high as it was during the quarantine period, she is encouraging residents to get the updated vaccine. Borrello noted that the list of diseases in the regulation went far beyond COVID and included several that are not even communicable and therefore pose no public health threat. He said the list could be easily amended to include others. “Rule 2.13 is a red flag that underscores the lingering authoritarian approach to governing, which is a holdover from the pandemic,” Borrello said Wednesday. 

 “The unprecedented emergency powers given to the Executive Branch became the ‘new normal’ for two years and gave rise to certain abuses, like this dangerous isolation and quarantine regulation.” 

 The Republican senator from Chautauqua County said the principle at the heart of the lawsuit is the constitutional separation of powers, which he believes was violated by the administration’s actions. “They overstepped their authority by attempting to enact such an expansive mandate,” he said. “If we allowed that to occur unchallenged, it would invite further overreach.” 

In his July 2022 ruling in favor of the petitioners, Cattaraugus County Judge Ronald D. Ploetz noted in his decision that the Legislature has already passed a law that covers this issue. He said, “…PHL 2120 was enacted by the Legislature in 1953 and provides a procedure for obtaining a quarantine or isolation order.” He further noted that “Rule 2.13 actually contravenes the procedures set forth in PHL 2120 and ignores the balancing act between an individual’s rights and the need for public safety.” Bobbie Anne Flower Cox, the attorney representing the petitioners, said Wednesday’s oral arguments at the Supreme Court Appellate Division were held because the governor and the DOH are “trying to get back the unconstitutional power to isolate or quarantine New Yorkers with no proof you are sick, no proof you have been exposed to a communicable disease, and they want the power to lock you up or lock you down for however long they want, without any stated procedure on how you can regain your freedom.

” An appeals court in New York State heard oral arguments in a case regarding a rule that would allow for quarantine camps, to isolate people who potentially contracted communicable diseases. The rule, Section 2.13, outlined isolation and quarantine procedures to control highly transmissible diseases. It was first adopted as part of New York's Codes, Rules, and Regulations on March 9, 2020, in response to the COVID-19 pandemic.