Did our Founding Fathers say the Constitution goes out the window if there’s an outbreak? I don’t think so!
New York State Assemblyman N. Nick Perry (D) refiled Bill A416 in light of COVID-19. This bill will give the governor and his cronies the ability to detain you if they deem you a “danger to public health.”
Perry first filed the bill in 2015 during the African Ebola outbreak.
He refiled it every year since, but it only got coverage now due to the hysteria surrounding the coronavirus.
The summary says: “Relates to the removal of cases, contacts and carriers of communicable diseases that are potentially dangerous to the public health.”
Here is the top part (emphasis mine):
Section 1. The public health law is amended by adding a new section 2120-a to read as follows:
§ 2120-a. Removal and detention of cases, contacts and carriers who are or may be a danger to public health; other orders.
1. 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.
2. Upon determining by clear and convincing evidence that the health of others is or may be endangered by a case, contact or carrier, or suspected case, contact or carrier of a contagious disease that, in the opinion of the governor, after consultation with the commissioner, may pose an imminent and significant threat to the public health resulting in severe morbidity or high mortality, the governor or his or her delegee, including, but not limited to the commissioner or the heads of local health departments, may order the removal and/or detention of such a person or of a group of such persons by issuing a single order, identifying such persons either by name or by a reasonably specific description of the individuals or group being detained. Such person or group of persons shall be detained in a medical facility or other appropriate facility or premises designated by the governor or his or her delegee and complying with subdivision five of this section.
3. A person or group removed or detained by order of the governor or his or her delegee pursuant to subdivision two of this section shall be detained for such period and in such manner as the department may direct in accordance with this section.
After New York Gov. Andrew Cuomo’s stellar response to COVID-19, especially concerning nursing homes, Perry wants to give Cuomo and his goons even more power.
Wait. It gets better (emphasis mine again):
12. In addition to the removal or detention orders referred to in subdivision two of this section, and without affecting or limiting any other authority that the commissioner may otherwise have, the 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, orders requiring any person or persons who are not in the custody of the department to be excluded; to remain isolated or quarantined at home or at a premises of such person’s choice that is acceptable to the department and under such conditions and for such period as will prevent transmission of the contagious disease or other illness; 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. Such person or persons shall, upon request, be afforded an opportunity to be heard, but the provisions of subdivisions two through eleven of this section shall not otherwise apply.
Perry ends it with, “The provisions of this section shall not be construed to permit or require the forcible administration of any medication without a prior court order.”
Then how do we construe it, Sir? What does requiring someone “to complete an appropriate, prescribed course of treatment, preventative medication or vaccination” and participating in “directly observed therapy” mean?
We’re not dumb. We know Cuomo would easily get that court order.
You will be forced to do all of this for the common good!
This bill will likely go nowhere. Cuomo said he did not know the bill existed.
But it’s scary that politicians not only think of these ideas but actually put them in writing.
We witnessed the reaction to COVID-19 in 2020. We’re seeing it happen all over again in the early hours of 2021.
Would you put it past the government to actually do everything Perry stated in his bill? Would it surprise any of you if this bill gains traction and appears in other states?
It’s even scarier to know that Perry does not think this violates our natural rights:
“[T]his bill was initially introduced to address public health concerns related to the containment of the Ebola virus after it was discovered that Ebola-infected persons had entered the United States,” Perry told Fox News in a statement. “I am an American who understands our Constitution is sacred, and provides us with the right to agree or disagree, and hold different positions on issues that may relate to our civil and constitutional rights.”
“There is no intent, no plan, or provisions in my bill to take away, or violate any rights, or liberties that all Americans are entitled to under our Constitution, either state or federal,” Perry continued.
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