Quarantine procedures ruled unconstitutional by State Supreme Court Judge
CATTARAUGUS COUNTY, N.Y. (WHEC) – A State Supreme Court judge in Western New York ruled the state’s new isolation and quarantine procedures violate the state constitution.
The case was brought by three Republican state legislators. They argued that the state health department’s new rule violates the due process right of people who are involuntarily confined.
The rule states, "Whenever appropriate to control the spread of a highly contagious communicable disease, the state health commissioner may issue and or direct local health officials to issue isolation and-or quarantine orders."
Cattaraugus County Judge Ronald Ploetz said the rule gave only "lip service" to constitutional due process.
It’s not yet known if the state will appeal the decision.