{"id":250158,"date":"2023-12-17T22:28:22","date_gmt":"2023-12-18T03:28:22","guid":{"rendered":"https:\/\/z3news.com\/w\/?p=250158"},"modified":"2023-12-19T18:24:28","modified_gmt":"2023-12-19T23:24:28","slug":"quarantine-lawsuit-summary","status":"publish","type":"post","link":"https:\/\/z3news.com\/w\/quarantine-lawsuit-summary\/","title":{"rendered":"Quarantine Lawsuit Summary"},"content":{"rendered":"
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My quarantine lawsuit battle against the governor of New York and her dystopian Department of Health has been getting a lot of attention lately now that the appellate court recently astonished New Yorkers and interested parties across the country (and the world), with their recent calamitous decision to overturn my victory at the trial court. As I work on my appeal to overturn this stunning decision, I continue to receive many questions about the case, its history, and the horrendous quarantine regulation that is at the heart of it all. I\u2019ve written extensively on this topic, so I thought it helpful if I pull various parts of my previous articles, and condense them into a succinct article so you can have the pertinent information at your fingertips. Here it is\u2026<\/p>\n

The beginning\u2026<\/h3>\n
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(Excerpt from my article published 6\/7\/22 in the American Thinker<\/a>).<\/div>\n<\/div>\n<\/div>\n

Imagine a land where the government has the power to lock you up because the unelected bureaucrats in the Health Department think that you might<\/strong>, possibly have a communicable disease. They don\u2019t have to prove you are sick. They don\u2019t have to prove you are a health threat to others. They just need to think that, maybe<\/strong>, you were possibly exposed to a disease. And when I say \u201clock people up,\u201d I mean lock you in your home or force you from your home into a facility, detention center, camp (pick your noun) that they <\/strong>get to choose and you must stay there for however long they <\/strong>want. No time limit; so it could be for days, weeks, months, or years….<\/p>\n

Now imagine that there is no age restriction, so the government can do this to you personally, or to your child, or to your grandchild, or to your elderly parent, or to your ailing grandparent. The nightmare continues because you have no recourse. No chance to prove that you aren\u2019t actually infected with the disease. No chance to confront your jailers, see their supposed evidence against you or challenge their quarantine order in a court of law before getting locked up. And they can use law enforcement to help them carry out their forced quarantine or isolation orders, so the knock on your door could very well be the sheriff or police coming to remove you from your home or to \u201ccheck in\u201d on you to ensure you are locked down in your home, isolated, in accordance with the Health Department\u2019s order against you.<\/p>\n

This dystopian horror sounds unbelievable to an American. That the government has the ability to control one\u2019s every move is unnatural to us. Politicians and bureaucrats being able to have unbridled power to tell you where you can and cannot go, what you can and cannot do, and who you can and cannot see is the very antithesis of what our country stands for. It flies in the face of \u201cliberty and justice for all.\u201d After all, we are supposed to be a nation of governance of the people, by the people, and for the people.<\/p>\n

And yet, the governor of New York and her Department of Health have promulgated a dystopian regulation that does all of that and more. The regulation is called \u201cIsolation and Quarantine Procedures\u201d and can be found at 10 NYCRR 2.13<\/a>. It is a clear violation of the Separation of Powers because the governor is not supposed to make law, nor can an agency. Only the legislature can make law and agencies can only issue regulations that the legislature empowers them to issue. Simply put, an agency cannot just make up rules on its own whim. It must have a directive from the legislature to do so.<\/p>\n

Remember from grade-school History class: We have three branches of government (Judicial, Executive and Legislative), all are co-equal with one another, and each has its own separate powers and duties. The governor and her agencies are in the Executive Branch of government. The Executive Branch enforces the laws that the Legislative Branch passes.<\/p>\n

But in this instance, the Executive Branch has usurped the power of the Legislative Branch by making this regulation, which is actually an impermissible law\u2014despite the State calling it a \u201cregulation.\u201d The important fact is that there is no legislative enabling statute authorizing the Department of Health to make this \u201cregulation\u201d\u2014not to mention the fact that the Executive Branch\u2019s \u201cregulation\u201d violates numerous constitutional rights as well as New York State laws.<\/p>\n

So, on behalf of a group of New York State Legislators together with Uniting NYS<\/a>, a citizens\u2019 group, I am suing the Governor of New York and her Department of Health to stop their \u201cquarantine camp\u201d regulation! The NYS Legislators standing with Uniting NYS in this lawsuit are true leaders: Senator George Borrello, Assemblyman Chris Tague, and Assemblyman Mike Lawler. They\u2019re willing to stand up for We the People, and to help preserve the constitutional rights upon which our founding fathers based our great Nation. Additionally, Assemblyman Andrew Goodell, Assemblyman Joseph Giglio, and Assemblyman William Barclay are also publicly supporting our lawsuit by writing an Amicus Brief supporting our case.<\/p>\n

Our lawsuit is the first and only lawsuit of its kind in the country, and its importance cannot be understated. If this \u201cregulation\u201d is allowed to stand, then it will signal to all agencies that they can make regulations that conflict with the Constitution and with state laws.<\/p>\n

If that happens, then the Legislative Branch of government will no longer be a co-equal branch. Instead, it will become subservient to the Executive Branch because the agencies in the Executive Branch could simply make a rule that conflicts with our laws (or the Constitution) whenever they wanted. It would render our laws useless. It would lead to tyranny and it is We The People who suffer under a tyrannical regime.<\/p>\n

Think about it: if we don\u2019t win this lawsuit and quarantine camps become a new standard of government control over the people in New York, then it will spread like wildfire across America. Other states will see what New York is doing and they will follow suit. The floodgates will open and, once open, those gates may never close. So, we must win this fight, not just for New Yorkers, but for all Americans!<\/p><\/blockquote>\n

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We win!<\/h3>\n
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(Excerpt taken from my article published 7\/19\/22 in American Thinker<\/a>).<\/div>\n<\/div>\n<\/div>\n

We have had a tremendous victory here in New York: a Supreme Court Judge has struck down Governor Kathy Hochul\u2019s forced quarantine regulation! On July 8, 2022, Judge Ronald Ploetz ruled that the \u201cIsolation and Quarantine Procedures\u201d regulation is unconstitutional and \u201cviolative of New York State law as promulgated and enacted, and therefore null, void and unenforceable as a matter of law.\u201d<\/p>\n

Shockingly, New York\u2019s Governor, Kathy Hochul, and Attorney General, Letitia James, plan to appeal the decision. Yes, that\u2019s right\u2026the Governor and AG, both unabashedly support quarantine camps! One would think that this fact, in and of itself, would be disturbing enough but add to it the fact that they\u2019re both running for election this November, and you can see just how unconstitutionally brazen and wholly out-of-touch with New Yorkers each of these \u201cleaders\u201d is.<\/p>\n

– – – – – – – –<\/p>\n

Judge Ploetz noted in his decision that, \u201c[i]nvoluntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures, such as requiring mask wearing at certain venues. Involuntary quarantine may have far-reaching consequences such as loss of income (or employment) and isolation from family.\u201d<\/p>\n

I fully concur and so, when I first read this regulation last year, I knew I had to strike it down. It was clear to me that this \u201cregulation\u201d violated the separation of powers that is so clearly laid out in our Constitution. It violated existing New York State laws that have been on the books for decades. It violated due process protections.<\/p><\/blockquote>\n

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Governor Hochul appeals\u2026<\/h3>\n
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(Excerpt taken from my article published 3\/14\/23 by the Brownstone Institute<\/a>).<\/div>\n<\/div>\n<\/div>\n

Late in the day on Monday March 13, 2023, just hours before the deadline, New York Attorney General, Letitia James, filed an appeal to try to overturn our successful lawsuit that struck down Governor Hochul\u2019s unconstitutional \u201cIsolation and Quarantine Procedures\u201d regulation.<\/p>\n

The case, Borrello v. Hochul<\/a><\/em>,<\/a> which we won last July, was brought against the Governor and her Department of Health, on behalf of a group of NYS Legislators, Senator George Borrello, Assemblyman Chris Tague, Assemblyman (now Congressman) Mike Lawler, together with our citizens\u2019 group, Uniting NYS.<\/p>\n

The main premise of the case was breach of Separation of Powers \u2013 meaning the Governor and her Department of Health did not<\/em> have the authority to make their dystopian \u201cIsolation and Quarantine Procedures\u201d regulation.<\/p>\n

\u2014\u2014\u2014\u2014\u2014<\/p>\n

Press Release:<\/h3>\n

Here is the statement that was released by plaintiffs Senator Borrello<\/a>, Assemblyman Tague and Congressman Lawler\u2026<\/p>\n

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The battle in the appellate court<\/h3>\n
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(Excerpt taken from my article published 9\/18\/23 by Brownstone Institute)<\/a>.<\/div>\n<\/div>\n<\/div>\n

Well, without a doubt, September 13th will live forever in my mind as one of the most memorable days of my life. I doubt I will ever forget it. To me, it symbolized a moment in history when I saw first hand, no, not just\u00a0saw\u00a0<\/em>first hand, but\u00a0lived<\/em>,\u00a0experienced<\/em>\u00a0first hand the power of We the People\u2026 the citizens of New York, from all corners of the State, from different walks of life, old to young, from various backgrounds and nationalities\u2026 come together for a common purpose \u2013 to defend our freedom! It was absolutely surreal. And so powerful.<\/p>\n

Yes, I was the proverbial warrior, the David going to meet Goliath, as Brownstone Institute (where I am a Fellow) so aptly put it in their wonderful article entitled, David v. Goliath in New York<\/a><\/em>\u201d which was released the day before my court appearance. But warriors do not win battles or wars alone. They have many supporters. And I am so grateful for all of mine.<\/p>\n

On September 13th,\u00a0over 400 of you<\/strong>\u00a0showed up at the courthouse. Afterwards, I was told by many that they had driven several hours to get there\u2026 5, 6, 7 hours! One woman I met said she had come all the way from Michigan to support me in court! Many people came the night before and stayed in a hotel, while others got up well before dawn so they could arrive at the courthouse first thing in the morning \u2013 even before I got there. And that they did\u2026<\/p>\n

My case was first up on the 10.00am docket, and I wanted to arrive early, right when the courthouse opened at 9.00am so I could go to the Attorney Lounge and do my last hour of prepping in silence. As I approached the courthouse on foot, my lead plaintiff, Senator George Borrello, who was arriving at the same time, commented on the large crowd that was starting to gather on the courthouse steps. They were holding American flags and some held signs as you\u2019ll see in the photos below.<\/p>\n

As we approached the crosswalk at the intersection, I heard someone shout,\u00a0\u201cThere she is!\u201d<\/em> Suddenly the crowd all turned towards us and erupted into loud cheers and energetic applause, which continued for several minutes as I crossed the street and then climbed the steps. I was so surprised by their amazing greeting, so I smiled and thanked them for coming, walked through the crowd, up the steps and entered the courthouse. There were some familiar faces in the mix, but mostly strangers I\u2019d never met.<\/p>\n

Once inside the courthouse, after flashing my attorney ID card in order to circumvent the security line that was forming, I headed up the grand staircase that leads to the courtroom and Attorney Lounge. I could still hear and see through the floor-to-ceiling walls of glass, the crowd cheering outside, and as I started up the staircase, I looked up and saw much to my surprise what appeared to be a few court employees smiling big and clapping for me! One of them even pumped his fist in the air, cheering me as I ascended the stairs. I was completely stunned. I hadn\u2019t said a word yet, and total strangers were applauding me outside and inside the courthouse! How did they even know who I was? Unreal!<\/p>\n

I walked down the hallway and entered the Attorney Lounge, and as I had hoped, I was the first one there. I took out my notes and started reviewing for the umpteenth time. Senator Borrello came in to offer me some coffee, and just then the first of the attorneys who had other cases on the docket that day started to arrive in the Lounge. Each one came in with total shock and an edge of excitement after having to navigate the hoards of people streaming in from the outside and going through the security check point.<\/p>\n

None of the attorneys failed to ask of the room in general,\u00a0\u201cWhat the heck is going on here today? Whose case is this?!?!\u201d<\/em>\u00a0They of course didn\u2019t know the name of the case, or its subject matter, but they knew, and verbalized, that they had never seen a crowd like this at court before. Any court! I kept my head down and studied my notes, as Senator Borrello explained the case to them.<\/p>\n

After about half an hour more, and then it was show time. I exited the Lounge and headed towards the courtroom. As soon as I turned the corner into the atrium, I saw a crowd of a couple hundred people, most standing, some sitting in chairs that had been set up, theater style, around a large TV screen. The courtroom could only hold about 60-70 people, so the rest would be watching on that screen via closed circuit television.<\/p>\n

Though the atrium was packed, it was relatively quiet considering the number of people there. Some were talking, some were praying. They saw me come into the atrium area and they broke out in applause, again! The sea of people parted to make way for Senator Borrello and me to pass through and get over to the courtroom. Along the way, people wished me luck and patted my back as I walked through the crowd,\u00a0\u201cGo get \u2018em Bobbie Anne!\u201d \u201cYou\u2019ve got this!\u201d \u201cWe are with you!\u201d<\/em><\/p>\n

I was mentally \u201cin the zone,\u201d so I didn\u2019t say anything to anyone. I just smiled and nodded and kept walking. The courtroom doors were closed. The bailiff saw us coming and opened the doors. Inside, the courtroom was utterly packed! Every single seat filled, all sitting silently, until they saw me enter, when they jumped to their feet and began to applaud as we walked up to the front row. Literally everyone was on their feet smiling and energetically clapping for me. There was only one person I saw, as I approached my seat in the front row, who was not on his feet, was not clapping, and was not smiling. I said to myself, ah, there sits my opposing counsel from the Attorney General\u2019s office. And I was right.<\/p>\n

Once the courtroom quieted, the clock tolled 10.00am, the doors behind the bench swung opened, the bailiff shouted,\u00a0\u201cAll rise!\u201d<\/em>\u00a0\u2013 and we did, as the five New York State Supreme Court Appellate Division justices took the bench. Presiding Judge Smith called the case,\u00a0\u201cFirst up, George M. Borrello v. Kathleen Hochul.\u201d<\/em>\u00a0The Attorney General\u2019s office went first. I won\u2019t detail his argument, but you can certainly watch it for yourself to hear what he had to say, as well as my rebuttal thereafter.<\/p>\n

The entire hearing took less than 30 minutes. I wish I had more time. I had so much more I wanted to explain to the court as to why they should uphold the lower court\u2019s just ruling from last year. But time was limited as their docket was full. The Epoch Times<\/em>, Children\u2019s Health Defense, and NTD News live-streamed the hearing. This is one of those links if you want to watch the recording of what was said:\u00a0Oral arguments<\/a><\/p>\n

After presenting my defense to the Attorney General\u2019s appeal, and answering the questions that a couple of the judges threw at me, I concluded my argument,\u00a0\u201cIf there are no further questions your Honors, then, I rest on my brief.\u201d<\/em>\u00a0You could hear a pin drop. I turned from the podium, and within seconds, I heard the rise of thunderous cheering and whooping, coming from the atrium. The couple hundred people outside the courtroom sounded like they were at a sporting event and their team just won the championship game!<\/p>\n

I was blown away. I collected my things, and started to walk towards the center aisle to exit the courtroom when the audience there\u00a0inside<\/em>\u00a0the courtroom rose to their feet and began applauding me!\u00a0Inside<\/em>\u00a0the courtroom. That\u00a0never<\/em>\u00a0happens. A standing ovation.\u00a0In court!<\/em>\u00a0I was beyond stunned. I wasn\u2019t sure the judges would be pleased, so I picked up my pace to get out into the atrium as quickly as possible.<\/p>\n

As I re-entered the atrium, everyone was on their feet, clapping, shouting words of thanks and of congratulations. I was so relieved it was over. I had been preparing for that hearing for weeks and weeks. It was too important not to. Now it was over, and I could breathe. Cameras or recording devices of any sort are prohibited in courtrooms. But now in the atrium, people had their cell phones out, taking videos, photos, reaching out to shake my hand. As I got to the top of the grand staircase, I saw a man positioned on the steps below. He was snapping photos with his huge, impressive camera. I looked right at him and smiled. He was a stranger to me. But I had noticed him when I first arrived at the courthouse a couple hours earlier. I figured he was with a news organization.<\/p>\n

I later found out he wasn\u2019t. He was just a concerned New Yorker, like all the others who came that day, and he wanted to document the event in photos. I am so thankful that he did. Almost all of the photos I have in this article are compliments of Manny Vaucher. I hope you will consider using him for any of your professional photography needs. He is excellent. And so thoughtful. Without my asking, he came to Rochester, took photos all morning, got my assistant\u2019s contact information, and then made a video of his photos, and sent it to me! It\u2019s just a terrific compilation of the event. I hope you will take a few minutes and check it out. He entitled the video, \u201cThunderstruck \u2013 Not All Heroes Wear A Cape<\/em>.\u201d I borrowed part of his title to entitle this article. His video creation is here:\u00a0\u00a0Thunderstruck<\/a><\/p>\n

To be honest, I don\u2019t know how I did in my arguments. I have no idea if the panel of judges will rule in my favor and uphold the lower court\u2019s decision to strike down Hochul\u2019s illegal quarantine reg. We likely won\u2019t hear for weeks. But, I do know that my reference to entitling this article \u201cThunderstruck\u201d is not because I think I hit it out of the park, so to speak.<\/p>\n

My use of the word \u201cthunderstruck\u201d here is more for the absolutely amazing feeling of unity and support that I felt from the people of New York on September 13th. And even still today, days later, as social media keeps the event happenings alive and circulating, I am\u00a0still<\/em>\u00a0getting so many emails, texts, phone calls, posts, messages, interview requests\u2026 it\u2019s totally unbelievable. I said to a friend, this must be what famous people feel like.<\/p>\n

After Senator Borrello and I exited the courthouse, we were greeted by a whole\u00a0other<\/em> crowd of people who never even got into the building. They were clapping and waving American flags, and coming up to us to shake our hands and thank us for standing up for We the People. There was a speaker and microphone set up, the press was there, and when everyone finished filing out of the court, Senator Borrello and I each spoke, and then we had a press conference with the media. We didn\u2019t all fit on the sidewalk and court steps, and we actually spilled out into the street some. Many cars passed us and honked, not in annoyance, but in support. It was truly unforgettable.<\/p><\/blockquote>\n

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Appellate court overturns our historic win<\/h3>\n
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(Excerpt taken from my article published 11\/20\/23 by the Brownstone Institute)<\/a>.<\/div>\n<\/div>\n<\/div>\n

I hope you are sitting down when you read this article.<\/p>\n

There is absolutely no way I can possibly sugar coat this, so I\u2019ll just be frank\u2026 The NYS Supreme Court Appellate Division\u2019s Fourth Judicial Department has issued their ruling in our quarantine lawsuit against Governor Hochul and her Department of Health, and they have ruled against the will of the people!<\/strong><\/p>\n

If you feel like you just got sucker-punched in the gut, join the club, my friends.<\/p>\n

The court has dismissed our lawsuit, not because we are wrong in our arguments\u2026 no, no, indeed we are dead-right. In fact, the court did not even touch the merits of the case. How could they? Instead, the court unbelievably ruled that my plaintiffs somehow do not have standing to sue!<\/em> If your brain is racing a hundred miles an hour right now trying to figure this out, don\u2019t worry, you are definitely not alone.<\/p>\n

Every single person I have told about this court ruling, from my plaintiffs, to fellow attorneys, to family members, and so on, has been downright flabbergasted. Rightfully so. One of my family members told me I needed to break it down for her, like she was a Kindergartener. I\u2019ll do the same for you now, because this issue is so crucial for you to understand, and then for you to explain to others.<\/p>\n

What the Appellate Division court is saying by reversing the lower court and then dismissing our case for lack of standing is that they believe that Senator George Borrello, Assemblyman Chris Tague, Congressman Mike Lawler, and the citizens\u2019 group Uniting NYS<\/a> did not have the right to bring this lawsuit last year against the Governor and her DOH for their heinous \u201cIsolation and Quarantine Procedures\u201d<\/em> regulation.<\/p>\n

Why not?<\/em> Because according to this court, my plaintiffs were not injured by the regulation. Why not?<\/em> Because 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. (pick your noun, doesn\u2019t matter).<\/p>\n

The court insinuates that apparently only that<\/em> person would be injured. Not my plaintiffs. The reason their \u201clogic\u201d is flawed is because we sued pursuant to the separation of powers doctrine, arguing that the Governor and her DOH lacked the constitutional authority to make that horrendous regulation in the first place.<\/p>\n

In other words, in short, my legislator-plaintiffs were injured because Hochul and her DOH (Executive Branch) stole the legislators\u2019 power to make law (Legislative Branch) when they created the quarantine reg which was a law (despite the fact that the DOH called it a regulation). The trial court correctly ruled in our favor last summer, and struck the reg down for that exact reason, amongst others.<\/p>\n

If you are still scratching your head wondering how on earth is it possible that the Executive Branch stealing a power from the Legislative Branch does not constitute an injury to the members of the legislature, then join the club! Of note, it was so obvious to the trial court judge last year that my plaintiffs had standing, that he didn\u2019t even discuss it in his decision. You can read that decision here<\/a> if you\u2019re interested.<\/p>\n

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Congressman Lawler, Assemblyman Tague, Bobbie Anne Cox, Esq, Senator Borrello<\/figcaption><\/figure>\n<\/div>\n

Q&A\u2026<\/h3>\n

I\u2019m sure you have a thousand questions, so I\u2019ll try to predict and answer some here:<\/p>\n