Coronavirus: Thread

[grarpamp]

Oh look, yet another court case smacks down
unconstitutional fake laws... but you dumb sheeple
could have done that on your own on day one by
simply refusing and telling them all to fuck off. In
the end, you lost, dumb move.

“no scientific data or expert testimony” to back up the rule,
yet you dumb sheeple let them fuck you in the ass, hard,
just the way you like it.

protip: The "Common Cold" is a "highly contagious
communicable disease" prepare to be locked down.



New York COVID-19 Quarantine Rules Unconstitutional And Illegal: Judge

https://www.theepochtimes.com/new-york-covid-19-quarantine-rules-unconstitutional-and-illegal-judge_4597334.html
https://regs.health.ny.gov/volume-title-10/content/section-213-isolation-and-quarantine-procedures
https://www.mychamplainvalley.com/news/new-york/ny-ag-appealing-isolation-and-quarantine-decision/
https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=t7H9MItLf4J8I/BiLeCKTw==&system=prod
https://www.mychamplainvalley.com/news/new-york/ny-ag-appealing-isolation-and-quarantine-decision/
https://www.governor.ny.gov/news/governor-hochul-updates-new-yorkers-states-progress-combating-covid-19-298

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.

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,” 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 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.

   "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 combating the pandemic,"
   wrote the judge. "Nevertheless, during oral argument of this matter, at a
   time when we hope that the worst of the pandemic is behind us, counsel for
   the Respondents were unable to cite any instance where the procedure set
   forth in Rule 2.13 was actually utilized."

   However, the judge noted in his ruling that the rule is null and void
   "until the New York State Legislation acts otherwise," potentially paving
   the way for future appeals.

   On Tuesday, Hochul told local media that she would be appealing the
   court's decision, stating, "We feel very confident that if we appeal this,
   we will be successful."

   New York Attorney General Letitia James's office on Wednesday formally
   appealed the state Supreme Court ruling, according to local reports.

   The Epoch Times has contacted James's office for comment.

   The ruling comes as Hochul's office on Wednesday reported that
   the seven-day average of COVID-19 cases in New York has risen from 30.53
   per 100,000 people to 35.28, while hospitalizations have increased in
   recent days to 2,397 patients.

   However, 57.5 percent of those people who were hospitalized were admitted
   for reasons that did not include COVID-19.