NEW YORK – A piece of New York legislation to be voted on next year would “amend the public health law” and allow the governor or his or her delegates to detain a person who presents a “significant threat to public health.”

“AN ACT to amend the public health law,” the bill, filed January 2 of this year reads, “in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health… The provisions of this section shall be utilized in the event that the governor declares a state of health emergency due to an epidemic of any communicable disease.”

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The bill, Assembly Bill 416, has not yet made it to the floor calendar, but is still in committee for a potential 2022 session review.

The governor (or delegates, “including, but not limited to the commissioner or the heads of local health departments”) only have to issue a single order to detain the person, by only “identifying such persons either by name or by a reasonably specific description of the individuals or group being detained.”

The detainee is to be held at a “medical facility or other appropriate facility or premises designated by the governor or his or her delegee.”

The vague bill first says that the person “shall not continue to be detained after the department determines that such person is no longer contagious.” There is no guideline as to who officially makes the determination or by what medical standard they must reach to be granted permission to be free again.

The first timeline for this detention is three business days, during which time the governor or delegate can apply for a longer detention. The court can grant a 60-day hold, which can also be extended by appeal by the governor or delegate and must be settled within another 90 days.

No worries though, the person being stripped of his rights by a unilateral decision must be provided with a “notice advising the person or group being detained that they have a right to request release from detention.”

“A person who is detained in a medical facility, or other appropriate facility or premises,” the proposed bill continues, “shall not conduct himself or herself in a disorderly manner, and shall not leave or attempt to leave such facility or premises until he or she is discharged pursuant to this section.

“[T]he governor or his or her delegee may, in his or her discretion, issue and seek enforcement of any other orders that he or she determines are necessary or appropriate to prevent dissemination or transmission of contagious diseases or other illnesses that may pose a threat to the public health including, but not limited to…to remain isolated or quarantined at home or at a premises of such person’s choice that is acceptable to the department…to require the testing or medical examination of persons who may have been exposed to or infected by a contagious disease or who may have been exposed to or contaminated with dangerous amounts of radioactive materials or toxic chemicals; to require an individual who has been exposed to or infected by a contagious disease to complete an appropriate, prescribed course of treatment, preventive medication or vaccination, including directly observed therapy to treat the disease and follow infection control provisions for the disease; or to require an individual who has been contaminated with dangerous amounts of radioactive materials or toxic chemicals such that said individual may present a danger to others, to undergo decontamination procedures deemed necessary by the department.”

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Bill 416 does not specify, however, how the person would be confined if they refused or to what extent law enforcement would be allowed to restrain them.

The bill has several comments from citizens already. One person with a screen name Alison Aitchison stated, “This is a violation of fundamental human rights. The government should be working for the people, not locking them up without cause.” Other comments described the bill as “scary” and a path to a “police state.”

Hardwurkindaddy said, “Wow. In this day and age we are proposing segregation and concentration camps in the general assembly? Just goes to show how those who do not learn from history are certainly doomed to repeat it.”

Other users pointed out the vagueness of the bill with so few terms clearly defined, such as “potentially,” “suspected,” “dangerous,” etc.

Sasha Freeman1 said, “This bill must be opposed. No forced medical procedure by our government can EVER be tolerated. We are not animals. We are citizens with inalienable RIGHTS. OPPOSE THIS NONSENSE AND ANY POLITICIAN THAT SUPPORTS THIS!”

This piece was written by Leah Anaya on December 18, 2021. It originally appeared in RedVoiceMedia.com and is used by permission.

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