Appeals court rejects challenge to state's quarantine order during pandemic
ALBANY — The Appellate Division of state Supreme Court has rejected a lawsuit seeking to declare unconstitutional the state’s order that allowed for quarantining people infected by COVID-19 as a health precaution during the pandemic.
The Appellate Division ruled the three Republicans and the conservative Uniting NYS organization who brought the suit failed to show they were harmed by the orders. The court also said the Republicans had the ability to try to legislate their concerns into law, rather than resorting to the courts.
The lawsuit was brought in 2022 by State Sen. George Borrello of Sunset Bay, Assemb. Chris Tague of Schoharie and Rep. Mike Lawler of Pearl River — and Uniting New York State against Gov. Kathy Hochul and the state Department of Health. A lower state court in Cattaraugus County had ruled against the state.
At issue is a 2022 state order to quarantine people “to control the spread of a highly contagious communicable disease.” The order states the quarantine can be done at home, a hospital, a hotel or motel or other lodging “or other residential or temporary housing location that the public health authority issuing the order determines appropriate.”
Local police can enforce the measure, which may result in civil or criminal charges if violated.
Other states, the federal government and the military have had similar measures to confine the spread of disease for decades. The federal Centers for Disease Control and Prevention states: “To control the spread of disease within their borders, states have laws to enforce the use of isolation and quarantine … In most states, breaking a quarantine order is a criminal misdemeanor.”
The CDC reports that so far there have been 81,008 deaths involving COVID-19 in New York State since 2020.
Although the Republicans repeatedly said the order calls for “quarantine camps,” there is no reference in the state measure to create camps. Hochul administration officials said the order was written broadly to account for homeless people and those who needed financial assistance to move temporarily away from home to so relatives weren’t infected. No camps were ever created and Hochul administration officials had said none were planned.
In a statement Monday on the decision issued Friday, the Republicans said the appellate panel of courts dismissed their lawsuit on a “technicality.”
“The court did not address the merits of the case,” they said. “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.”
The Republicans said they will try to appeal the decision to the state’s highest court, the Court of Appeals.
Spokesmen for the Hochul and the attorney general’s office, which defended the state, didn’t immediately respond to requests for comment.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
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