(WNY News Now) – In an exclusive interview with WNY News Now, State Senator George Borrello expressed concerns about the recent appellate division decision that reversed a lower court ruling on Regulation 213, a controversial isolation and quarantine regulation filed against Governor Kathy Hochul last year.
Albany, N.Y. – State Senator George Borrello shared insights with WNY News Now regarding the ongoing legal battle against Regulation 213, a contentious isolation and quarantine regulation filed against Governor Kathy Hochul in July 2022. The regulation, described by Senator Borrello as a “draconian misuse and abuse of power,” was challenged on grounds of the separation of powers.
Senator Borrello highlighted that the judge in the lower court agreed with their argument, stating that Regulation 213 represented a violation of the separation of powers principle, emphasizing that lawmaking is the purview of the legislative branch, not the executive.
Furthermore, Senator Borrello shed light on the origins of Regulation 213, pointing out that it was essentially a copy and paste from Assembly Bill 416, a controversial lockdown procedure proposed in 2015 but never passed. He underscored the lack of legislative support for the bill and criticized the governor’s decision to transform it into a regulation without due process.
The interview covered the significant implications of Regulation 213, allowing public health officials to enter homes without evidence of sickness or infection, with the power to remove individuals without proper justification. Senator Borrello emphasized that the regulation covered a wide range of diseases, including non-communicable ones, heightening the concern over potential government overreach.
The state Supreme Court had initially ruled the regulation null and void, citing a violation of separation of powers and the absence of due process. However, Senator Borrello disclosed that the appellate division, in a recent decision, reversed the lower court’s ruling, claiming that state legislators lacked standing to bring the lawsuit.
Expressing deep concern over this decision, Senator Borrello explained that it could set a precedent limiting citizens’ ability to challenge government actions. He highlighted the potential erosion of First Amendment rights, emphasizing the importance of citizens’ right to petition the government when they perceive wrongdoing.
In response to the appellate division’s decision, Senator Borrello announced plans to appeal to the highest court in New York State, the Court of Appeals. He expressed hope that the court would consider the merits of the case rather than dismissing it on technical grounds.
Senator Borrello urged viewers to pay attention to the situation, emphasizing the seriousness of the case and encouraging them to voice their concerns to the governor. He called for public engagement, stressing the bipartisan nature of the issue and its broader implications for constitutional freedoms.
As the legal battle continues, WNY News Now will monitor developments and provide updates on the case’s progression through the judicial system.