Court Upholds Hochul’s Involuntary Quarantine Rule
Written by on November 22, 2023
A recent decision from a New York appellate court is a setback for individual liberty and for freedom from executive overreach.
According to the Albany Times Union, the Appellate Division, Fourth Department upheld a Hochul administration rule that authorizes the New York State Department of Health to isolate or quarantine New Yorkers against their will in an effort to combat a contagious disease like COVID-19. New Yorkers for Constitutional Freedoms warned against the rule when it was first proposed. The court ruled that the three petitioners in the case—Rep. Mike Lawler, Sen. George Borrello, and Asm. Chris Tague—had no right to sue because they had not demonstrated that their legislative power had been usurped. Previously, a trial court judge, Judge Ronald Ploetz, State Supreme Court, 8th Judicial District, had ruled in the petitioners’ favor.
Responding to the decision in a Facebook post, Sen. George Borrello wrote: “The Appellate Court’s decision to dismiss our lawsuit by ruling that we, as petitioners, lack ‘standing’ to bring the case is outrageous. If legislators—claiming their power has been usurped by the executive—lack standing to sue in a separation-of-powers case, then who would qualify? This ruling was simply a dodge to avoid having to address the true merits of the case, which were upheld by Judge Ploetz in his well-reasoned and supported ruling. We will continue this fight on behalf of New Yorkers and against tyranny.”
The petitioners intend to appeal the decision.
At New Yorkers for Constitutional Freedoms, we believe that it is inappropriate for state agencies to make decisions about which circumstances justify drastic measures like involuntary quarantines. If the state wishes to legalize involuntary quarantines, it should propose a bill to that effect rather than taking executive action and attempting an end run around the legislative process.
