Court reverses previous ruling on NYS Isolation and Quarantine procedures

ALBANY,N.Y. (NEWS10)--- A court decision that deemed New York State isolation and quarantine procedures unconstitutional has been reversed.

https://www.news10.com/news/ny-ag-appealing-isolation-and-quarantine-decision/

A measure that took effect during the pandemic, gave the Commissioner of Health the power to direct local health authorities to issue isolation and quarantine orders to control the spread of highly communicable diseases.

"Little did we know that the legislature had been circumvented, and the governor had put it in as a public health law," said Assemblyman Chris Tague.

Tague, two other Republican lawmakers, and an organization called Uniting NYS, filed a lawsuit against the governor, the New York State Department of Health, and New York’s Attorney General saying it overstepped the separation of powers.

"We filed a suit, went to court, and we won in Cattaraugus county," explained Tague.

The court in July of 2022 decided the isolation and quarantine law was unconstitutional. However, the case was appealed, and a judge recently reinstated it saying those who brought the case didn’t meet the qualifications to bring the case forward under state law.

The court document stated, “…that the legislator petitioners failed to fulfill the injury-in-fact requirement to establish standing...”'

"We have no standing in the case? We’re all residents in the State of New York, and we’re all affected by a rule like this," said Tague.

According to Tague, unlike the previous ruling, this one wasn’t about the merits of the case. His lawyer is now in the process of filing paperwork for the Court of Appeals.

When asked for a statement, The New York State Department of Health said, “ We do not comment on ongoing litigation.”

The governor's office and attorney general's office did not respond to a request for comment.