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Borrello: State Supreme Court Sides Against State Health Dept

July 9, 2022

Senator George Borrello reports that he and Assemblyman Mike Lawler, won a court case challenging the state health dept’s regulation about the state’s right to isolate/quarantine a patient.

Borrello maintains that there already was a state health department rule allowing for isolating a sick person. Borrello also argued that not challenging the regulation would cause a slippery slope situat9ion, leading towards potential abuses of power by the governor.

“The ruling by Judge Ronald Ploetz of the State Supreme Court of Cattaraugus County cited the fact that there is already established Public Health Law 2120 governing isolation and quarantine which balances individual rights and the need for public safety,” said Borrello. “(The judge) notes that in Rule 2.13 there is ‘no such due process protections…The Commissioner has unfettered discretion to issue a quarantine or isolation for anyone, even if there is no evidence that person is infected or a carrier of the disease… Involuntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures… Rule 2.13 merely gives lip service to Constitutional due process.’”

Borrello is calling on the governor and the attorney general abide by this decision. “There is no ambiguity in this ruling and pushing it further through the courts will be an unnecessary waste of taxpayer resources,” Borrello stated.

The complete decision by Judge Ploetz can be seen, by clicking here.