We believe the regulation is illegal for many reasons especially because the Governor is attempting to give herself completely new powers that can only be given by the passage of a law through the legislative process. Hochul is bypassing the legislature because she knows they would not give her this authority. She is attempting to give herself unprecedented new authority in a blatant power grab.
Governor Kathy Hochul and public health authorities want to give themselves the power to detain anyone who presents the “possibility” of infection with a communicable disease and hold them until the public health authorities determine they are no longer infectious. The regulation is so vague that anyone could be detained and held indefinitely. The regulation ignores basic rights of due process and equal treatment under the law guaranteed by the United States and New York State Constitutions.