Assemblyman Chris Tague (R,C,I-Schoharie) is imploring New Yorkers to reach out to Gov. Hochul and Attorney General Letitia James following an announcement they are planning to appeal a New York State Supreme Court decision reached last Friday, ruling the administration’s attempt to use the rulemaking process to establish isolation and quarantine procedures through regulation was illegal, unconstitutional and a violation of the separation of powers.
Tague had joined Sen. George Borrello (SD-57), Assemblyman Michael Lawler (R,C,I,SAM-Pearl River), advocacy group Uniting NYS and lawyer Bobbie Anne Flower Cox in suing the governor and the state Department of Health over their attempt to implement this regulation. New York State Supreme Court Judge Ronald D. Ploetz decided in the group’s favor. They are now calling on the Hochul administration to stand down and not pursue their planned appeal of the ruling.
“This regulation is unconstitutional on its face, and the thought of empowering our state government to take loved ones out of our homes for any amount of time, without due process, should concern all New Yorkers,” said Tague. “It is despicable that the governor is fighting to save such a nightmarish policy, and it is our duty as the people of this state to let her know these attempts to infringe upon our basic human rights will not be tolerated. I ask all New Yorkers to contact the governor’s and Attorney General’s office as soon as possible and to encourage people they know to do the same.”
The regulation, 10 NYCRR 2.13, would allow the Health Department to coordinate with a local health authority to mandate isolation and quarantine for individuals of any age believed to be exposed to communicable diseases. That quarantine could be in a facility of the government’s choosing, for however long they want. Tague and his co-complainants opposed this regulation both in terms of its provisions and how the governor had attempted to skirt legislative scrutiny by implementing it through the rulemaking process.
The citizens’ group who initiated this lawsuit, Uniting NYS, maintains a web page detailing the latest developments in the case. Uniting NYS, Assemblyman Tague, and other co-complainants are urging New Yorkers to reach out to the offices of Gov. Hochul and Attorney General Letitia James to demand they drop their appeal of this decision and to let this unconstitutional and inhumane regulation remain struck down by the New York State Supreme Court.
Gov. Hochul office contact:
Online contact form: https://www.governor.ny.gov/content/governor-contact-form
The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
Attorney General Letitia James office contact:
Office of the Attorney General
Public Integrity Bureau
28 Liberty Street, 15th Floor
New York, NY 10005