The Fourth Department Appellate Division Court of Appeals recently dismissed a lawsuit brought by Sen. George Borrello and two fellow state legislators. This decision wasn’t surprising for those familiar with the court, as they have taken a similar route with previous cases, ruling based on procedural issues rather than the substance of the case. Borrello and Assemblyman Andrew Goodell believe that the best solution to dealing with state Health Department rule 10 NYCRR 2.13 is legislation passed during open session with public debate by elected officials. They argue that the existing Public Health Law already outlines clear steps for isolation and quarantine, and proposed changes should properly protect the public’s rights rather than paying lip service to due process. The legislators believe that the regulations violate fundamental due process requirements by allowing law enforcement and private physicians to confine individuals suspected of having a communicable disease without proper notice, hearing, or judicial determination. They argue that if changes to isolation and quarantine rules are to be made, they should be collectively addressed by both Republicans and Democrats in the state Legislature. The lawsuit dismissal is in line with the court’s previous rulings, and Borrello and his colleagues are advocating for a legislative approach to address the issues with the state Health Department’s rules.
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