“The language in the [regulation] makes it crystal clear that the DOH [Department of Health] can pull you from your home (and your life) and, with the force of police, hold you anywhere they deem appropriate, including ‘other residential or temporary housing,’” explained attorney Bobbie Anne Cox, who is representing Uniting NYS and state legislators. The regulation says “they don’t have to prove you are sick, they can hold you for however long they want, and there is no way for you to get out of lock up or lock down,” unless a detained person obtains legal representation and sues.

The lower court had ruled in July 2022 that the regulation was unconstitutional and lacking due process, but the state appealed that ruling. The Appellate Division then ruled unanimously on November 17 that the plaintiffs lacked standing because they hadn’t been forcibly quarantined.

“The court seems to insinuate that the only person with the right to sue is someone who has been forcibly locked in their home against their will, or ripped from their home, taken from their loved ones, and thrown into a quarantine detention center, facility, institution, camp, etc…The court insinuates that apparently only that person would be injured,” explained Cox.

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