ROCHESTER, N.Y. (WROC) — A decision in a lawsuit over New York’s COVID-19 quarantine regulations has been overturned.
After oral arguments ended last September, the New York Supreme Court Appellate Division ruled that the state’s Commissioner of Health is allowed to issue quarantine orders to control the disease.
According to the document, the plaintiffs “lacked standing” in their complaint that the quarantine regulations overstepped the separation of powers.
This decision comes after a lawsuit was filed against Governor Kathy Hochul and the NYS Department of Health. The plaintiffs, including Senator George Borello, argued that the regulation impedes individual liberty and oversteps the separation of powers.
The plaintiffs won the lawsuit against the Hochul administration, but NYS Attorney General Letitia James appealed to overturn the verdict on behalf of Hochul and the Department of Health.
Borello released a statement saying that he and the other plaintiffs in the lawsuit plan to appeal this decision.
Full Statement from the plaintiffs:
“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. 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