Strange Sounds
November 22, 2023
A rule that allows the state Health Department to lawfully order someone to involuntarily isolate or quarantine to control a highly contagious disease, such as COVID-19, has been reinstated in a unanimous decision by a mid-level appellate court.
The ruling by the Fourth Judicial Department, which has jurisdiction in 22 counties in central and western New York, overturns a decision last year by a state Supreme Court justice in Cattaraugus County who found the rule violates the constitutional requirement for a separation of powers between the legislative and executive branches when promulgating rules as severe as involuntary isolation.