Members of Uniting NYS outside the Supreme Court of the Appellate Division,
Fourth Judicial Department prior to the hearing (September 13, 2023)
Oral arguments were heard Wednesday in the state’s appeal of a lower court ruling that found Governor Kathy Hochul and the New York State Department of Health violated the constitutional separation of powers in adopting a regulation establishing isolation and quarantine procedures through the agency rulemaking process.
The lawsuit was originally filed in April 2022 in Cattaraugus County State Supreme Court by State Senator George Borrello, Assemblyman Chris Tague, Assemblyman (now, Congressman) Michael Lawler and the organization, Uniting NYS.
The regulation at issue currently gives the 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.
In his July 2022 ruling, Judge Ronald Ploetz noted in his decision that the Legislature already has a law from 1953 that provides a procedure for obtaining a quarantine or isolation order.
Two amicus briefs in support of invalidating rule 2.13 were submitted, one by Assembly Members William Barclay, Andy Goodell and Joe Giglio; and another by the New Civil Liberties Alliance, an advocacy group headquartered in Washington, D.C.
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