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Proposed Law Allows NY Gov Cuomo to Detain Those Deemed ‘a Danger to Public Health’

Proposed Law Allows NY Gov Cuomo to Detain Those Deemed ‘a Danger to Public Health’

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.

The Constitution remains true no matter what. Our natural rights never go away.


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We can rant all we want about how the Democrats keep violating our constitutional rights but the real culprits here are the Republicans who are once again enabling them. What’s the point of complaining? Who, other than Trump, is trying to do something about it?

Even Tom Cotton and Tom McClintock bailed on us yesterday by opposing their fellow Republicans who will protest the electoral college vote challenge because “it will set a dangerous precedent”. Don’t get me started. Lame, lame, lame.

There is no “us” other than us Tea Party diehards. There is no “us” in U.S.A. anymore. Just communists running wild and everyone else running around pointlessly.

I never thought I would live to see American go communist. And I especially never thought it would be so easy. Americans, it turns out, are lazy cowards.

    guyjones in reply to Pasadena Phil. | January 5, 2021 at 7:42 am

    It’s interesting to observe that the Dhimmi-crat, neo-communist radicals from the 60’s and 70’s have been much more successful in their efforts at effective subversion and long-term accumulation of power by infecting and corrupting academia, the media, the courts and the legislatures, than they were by their more crude initial methods, e.g., direct terrorism, riots, etc. The smarter among them understood that controlling the education (AKA, indoctrination) system and our media/popular culture vehicles are a far more effective means of spreading their poison and corrupting the soul of the country.

      notamemberofanyorganizedpolicital in reply to guyjones. | January 5, 2021 at 10:49 am

      X says:

      January 4, 2021 8:44 pm

      I blame the Republicans for this garbage.

      They have fought Trump every day.

      If they had supported him this garbage wouldn’t be happening.

    Brave Sir Robbin in reply to Pasadena Phil. | January 5, 2021 at 10:12 am

    ” “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.”

    Yes, can can agree or disagree, but you still must comply. You can agree or disagree as they strip you of your property, your business and your livelihood. You can agree or disagree as they force you into a boxcar and cart you to a concentration camp. Then, you can agree or disagree as they sit you on the edge of a pit filled with dead bodies, perhaps including your family, and place the barrel of a pistol on the back of your head and pull the trigger.

    Yes, the right to agree or disagree is sacred and inalienable. They won’t take that away from you.

    notamemberofanyorganizedpolicital in reply to Pasadena Phil. | January 5, 2021 at 10:59 am

    The Democrat Party challenged the last three Republican presidential wins in Congress.

    billdyszel in reply to Pasadena Phil. | January 5, 2021 at 11:30 am

    In my NYC voting district, Democrat legislative candidates faced no GOP challengers this past November. They ran unopposed. That’s common in New York. So Cuomo can have any bill he wants passed with no meaningful obstacle.

      txvet2 in reply to billdyszel. | January 5, 2021 at 4:14 pm

      It’s common everyplace. The single biggest barrier to challengers is raising enough money to be viable.

        Milhouse in reply to txvet2. | January 6, 2021 at 12:42 am

        In most of NYC no amount of money can make a Republican viable. The only way to win office is to challenge in the Democrat primary. Last year a DINO tried that in my district, which is why I switched parties so I could vote for him. It didn’t work. But a well-enough-funded insurgent might succeed that way. We do have one DINO state senator who in the last session caucused with the Rs; the result was that he was kicked out of the D caucus, but their attempt to primary him failed.

“I am an American who understands our Constitution (…) provides us with the right to agree or disagree (…)”

If totalitarian Perry (D) actually understood the Constitution he’d not claim it “provides” that right. Presumably, the “right to agree or disagree” is his caricature of Free Speech?

    The Constitution does not “provide” anything. It DEFENDS our GOD-GIVEN rights.

      felixrigidus in reply to Pasadena Phil. | January 5, 2021 at 7:39 am

      Exactly right. Presumably, that is why today’s D cannot fathom it. God-given when you deny even the possibility of God is too difficult a concept, one would have to assume…

      Milhouse in reply to Pasadena Phil. | January 6, 2021 at 12:46 am

      The constitution does provide some rights. For instance there’s no God-given right to trial by jury; that’s a right granted by the constitution. So is the right to visit other states, and to have the same rights and privileges while there as their own citizens enjoy. But yeah, this isn’t one of them.

It’s all about Power. Thomas Jefferson and Sam Adams were right.

Greasy Newsolini; greasy and obnoxious incompetent, Cuomo; and, too many other apparatchiks to name — the Dhimmi-crats are now totally unabashed with regard to displaying their megalomaniacal, narcissistic and totalitarian antics and attitudes. The citizens are merely peasant rabble, to be told what to think and how to live their lives. And, yet, millions of Americans are voting for these goose-stepping idiots. Trouble is, there are freedom-loving Americans who reject these fools and must live with the consequences of their despotic governance.

    “And, yet, millions of Americans are voting for these goose-stepping idiots.”

    And most of the rest still see the solution as holding our noses to vote for their LOTE enablers who, when the opportunity arises to actually win, continue to circle the wagons around the Democrats instead.

    If Trump is to be thanked for anything, it is how he forced even our “constitutionalists” to finally drop their masts and join in with the rest of the LOTEs wagons. It is never EVER the right time to do the right thing with these traitors. This was their last chance and we are learning that they too are as corrupt as the rest of the kabuki theater cast.

    It’s time to move on from this “legal insurrection” legalitis. We are losing because we are allowing our enemies to hold us to constitutional solutions when they themselves can do whatever they want and we let them get away with it. This is not going to get resolved in court because the courts are corrupt too.

    We need to take to the streets in very, very large numbers and everywhere.

      And now we learn that Pence has deferred to Sen. Chuck Grassley to do the honors of rubber-stamping the Electoral College votes. So he is determined to be the LOTE we can expect to be badgered to hold our noses to vote for some day. Grassley is also the RINO Lesley Graham is handing over his chairmanship for the Judicial Committee.

      And so kabuki theater continues. That is why I am again an unaffiliated independent. Anyone who wants my vote will have to kiss my ass.

        hopeful in reply to Pasadena Phil. | January 5, 2021 at 1:11 pm

        I blame Pence for the elevation of Fauci– he could have back benched him back in April when he started to be a complete hindrance to everything. Pence also for whatever reason kept cover skeptics off that commission. He *seems* loyal to Trump, maybe he’s just dumb. Either way, I don’t like him.

The Friendly Grizzly | January 5, 2021 at 8:54 am

I would love to see a new political party cimprising those who refuse to use speech approved by others; who recognize two sexes (not “genders”), common sense, schools that teach te 3 Rs and Civics (not “social studies”), and who advocate a return of police to maintaining peace and order in the community, not “law enforcement”.

A party that will end all of the endless war-ons. A part of America: yes, not America: we apologize.

    I still say “Peking” and “Bombay”, and “Moslem”, and I call the highway between Brooklyn and Queens “the Interborough”, just because I refuse to let other people dictate my language.

Cuomo should go detain himself.

    bullhubbard in reply to RAM500. | January 6, 2021 at 9:50 am

    Damn straight.

    BTW, notice the mealy-mouthed usage of “detain” for “arrest.”
    An important measure we can take is to actively resist, through ridicule and our own writing, bureaucratic/MSM/leftist neologisms.

Andy the Ever-Inept Tyrannical Ruler of New York, enjoys the safest political seat in the country. He OWNS the Assembly so impeachment isn’t even considered. His control of NYC votes means he can be dead and still get elected. The far more conservative rural parts of his Kingdom are effectively non-entities since the metropolitan areas are safe Demoncrat satrapies that will vote donkey.

I read elsewhere our Inept Ruler is ready to fine hospitals if they don’t dispense COVID vaccine by Friday. Then, again, we read where Sandy Ocasio jumped the line to get vaccinated. She most certainly doesn’t fall into the high-risk category. No MILLION dollar fine for her. Thus, we see Andy the Inept has NO IDEA how to govern, simply RULE with an iron fist.

Is there any wonder why New Yorkers are voting with our feet to safer, saner States like Texas?

    MattLauersNob in reply to SeniorD. | January 5, 2021 at 11:12 am

    Move to saner states from NY but please leave your insane politics behind.

    Here in sunny PA we have an uber liberal friend that moved from OOS who can’t understand why quality of life is deteriorating now that our county has gone Dim.

Arresting COVID patients is ridiculous; however I’m a little surprised that such a quarantine law doesn’t already exist..

“Typhoid Mary” was arrested as a threat to public health under “Under sections 1169 and 1170 of the Greater New York Charter”…twice, according to Wikipedia. The second time she spent the rest of her life in quarantine.

Now, the “Greater New York Charter” is (or was..don’t know if it is still in effect) applicable only in NYC. Still surprises me that the state, or all states for that matter, don’t have something similar.

notamemberofanyorganizedpolicital | January 5, 2021 at 10:50 am

Detain yourself goober.

Up next: Involuntary commitment for being, (ahem) ‘an insane Trump supporter’ with a free trip to an education camp.

    bullhubbard in reply to [email protected]. | January 6, 2021 at 9:56 am

    That would require rounding up, “detaining,” roughly half of everyone who voted in the Presidential election.

    I am extremely eager to see how Dementia Joe’s administration will burn out. Many people are getting angry at the left’s efforts via their Propaganda Wing (the lickspittle corporate media) to turn us into a nation of panicked sheep.

This bill is not intended to quarantine people with covid. Bet cash they’ll use it to restrain small business owners (designated as health risks) who refuse to shutter as required and/or refuse to follow orders.

Actually, most, if not all states, allow for the involuntary detention of a person who represents a DEADLY public health threat. However, the person must be a carrier, mus be aware of the fact that they are infectious, must refuse to modify their behavior to present less of a threat to the community and a court order must be issued ordering their detention. Some times this is a specific statute and other times it is dependent upon a conglomeration of public health laws. It was famously used in a number of “bath house” cases in California with regards to the spread of HIV. However, this bill is much broader and essentially places all power for determining when and against whom the provisions mmay be used, in the hands of a single person, the Governor. Unlike emergency commitment laws for mental health issues, it does not even require judicial scrutiny within a short time after detention.

    caseoftheblues in reply to Mac45. | January 5, 2021 at 2:44 pm

    No way a flu virus with an overall survival rate of 99% can be construed as deadly.

      bullhubbard in reply to caseoftheblues. | January 6, 2021 at 10:04 am

      Facts have not played any part in this nightmare from the beginning, and the Propaganda Wing of the Democratic Party (corporate media) has been playing us like rubes. Now there is a precedent for serious curtailment of liberties in the name of “public safety.”

      Is there a movement by the Deep State to apply the Chinese model of Fascism,complete with social credit scores?

Antifundamentalist | January 5, 2021 at 11:34 am

The Governor and the Commissioner get to determine if someone is a danger to public health….how close is that to practicing medicine without a license?

Deem, huh. Based on science, intuition, preferences? The Man from Planned Parent/hood speaks.

Isn’t it easier Andy more efficient to just bring back cash bail ?

The first part sounds an awful lot like Korematsu.

Frank Hammond | January 5, 2021 at 4:17 pm

No one can stop Sonny Cuomo from doing anything. He won his last election with 70% of the vote. He controls both houses in the NY State legislature.

There are millions of lawyers in NY and not one has sued him over the illegal lockdowns. Sonny Cuomo is King of New York and will be as long as wants the job.

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?

Not to defend it, but this actually does make sense. There’s a difference between ordering someone to submit to medication on penalty of contempt, and forcibly administering it.

barbiegirl ny | January 6, 2021 at 3:31 pm

“A danger to public health”? In a just world that would have put this frog-faced pos behind bars long ago.