Reverberating!

And answering questions in the aftermath.

by Attorney Bobbie Anne Cox

The Ripple Effect

What do I mean by the ripple effect? Well, to start, there’s been a frenzy online about my September 13th oral arguments against the Attorney Genearl. The Gateway Pundit ran a couple of stories about the event. This catchy title of one of their articles has gotten some significant play: "Attorney Defending Constitutional Rights Receives Standing Ovation for Her Oral Arguments Against NY Gov. Kathy Hochul’s Tyrannical Quarantine Camp Lawsuit Appeal"

The Brownstone Institute, where I am a Fellow, put out an article on their website and on their social media platforms about the appeal with another very catchy title, “David v. Goliath in New York,” and it went viral, as their #1 top read article of the week!

Furthermore, Shannon Joy Radio covered the oral arguments live inside and outside the courthouse. One of Shannon’s videos of the standing ovation given to me by a couple hundred supporters who were watching on closed-circuit TV in the courthouse atrium (since the courtroom itself was full to capacity) has over 165,000 views thus far. Watch that HERE. If you haven’t yet, you can watch oral arguments themselves, complete with the inside-courtroom standing ovation HERE. Then there’s CHD TV which live-streamed the oral arguments on the 13th. One of their Twitter posts alone has received about 75,000 views so far. Roseangel from Cafecito Break posted part of the press conference that Senator Borrello and I gave afterwards outside the courthouse, and that’s received about 40,000 views on highly censored IG and Twitter. See that HERE. My Twitter post about the appeal has gotten over 90,000 views. And so on and so on…

So then, probably because of the social media frenzy, the Associated Press got one of their “fact checkers” involved in the mix to try to defend Governor Hochul with the headline, “New York Gov. Kathy Hochul Is Not Trying To Create ‘Quarantine Camps.’” You can read that article HERE. Of course my lead plaintiff, the intrepid Senator George Borrello, fired back at the AP with a statement of his own that he posted on his social media:

STATEMENT FROM SENATOR BORRELLO ON ASSOCIATED PRESS ARTICLE ON BORRELLO ET. AL. v. HOCHUL

“I am disappointed that a longstanding news service like the Associated Press (AP) has abandoned its responsibility to accurate and unbiased reporting as evidenced by today’s slanted article, “New York Gov. Kathy Hochul is not trying to create ‘quarantine camps.’

Their so-called ‘fact check’ of the basis for Borrello et. al. v. Hochul is nothing but political cover for the administration’s blatant separation of powers violation, a breach which was confirmed in a State Supreme court decision in July 2022.

While the term ‘quarantine camp’ isn’t used in Rule 2.13 per se, the language in the regulation is very clear when it says the Commissioner of Health or local health department can issue an isolation or quarantine order, at whim, without proof of infection, and can force someone to remain in their home, or send them to ‘other residential or temporary housing… or other locations as the public health authority issuing the order deems appropriate.’

Call it whatever you like – quarantine camp, detention facility, field hospital, etc. – the bottom line is that Rule 2.13 authorizes the government to take such an action, which would be a gross abuse of due process and New Yorkers’ civil rights.

The article incorrectly states that the rule only clarifies powers it already had. That is wrong. As Judge Ronald Ploetz cited, the rule, as written, ‘actually contravenes the [isolation and quarantine] procedures set forth in PHL 2120’ which was established by the New York State Legislature in 1953. The governor and DOH cannot unilaterally change that law. Only the legislature possesses that power.

During the pandemic we saw governments around the world, and our own, overreach in ways we never could have imagined prior to March 2020. Those actions set a terrible precedent that will require us to remain constantly vigilant against constitutional abuses. That was premise at the core of this court challenge. By focusing on sensational semantics, the AP’s article did a disservice to their readers and missed an opportunity to educate New Yorkers about what is at stake in this case.”

Wait, there’s more…

The same day that Senator Borrello fired back at the AP, Gubernatorial candidate and former US Congressman Lee Zeldin issued a press release about my oral arguments where he called-out Hochul for her “quest for maximum power.” Here is Zeldin’s press statement which you can also find on his Twitter:

Congressman Lee Zeldin Statement on Hochul Admin's Draconian Quarantine Camp Policy After Oral Arguments Conclude in Appellate Court

NEW YORK - On Wednesday, September 20, 2023, former four-term U.S. Congressman, 2022 New York Gubernatorial candidate, and Chairman of the Leadership America Needs PAC, Lee Zeldin, spoke out once again in opposition to the Hochul Administration’s quarantine camp policy which was unconstitutionally implemented during the COVID-19 pandemic. This regulation was struck down by Judge Ronald Ploetz of the New York State Supreme Court in Cattaraugus County on July 8, 2022. The Hochul Administration then doubled down on its relentless attack on individual freedoms and appealed the ruling. Oral arguments concluded last week.

The quarantine camp policy allows the New York State Department of Health to mandate isolation and quarantine individuals exposed to communicable diseases, even in locations beyond their own homes with no due process. Congressman Zeldin issued the following statement:

“There is nothing more enraging for any New Yorker who values freedom and representative government than Kathy Hochul’s unyielding quest for maximum power and control over the lives of her self-described ‘apostles’. During the pandemic, Hochul routinely abused emergency powers to hand out overpriced no-bid contracts to campaign donors, sold out access to state government, and fired thousands of nurses and others who made the personal decision not to get the COVID shot. The Hochul Administration’s quarantine camp policy is on brand for a governor who assaults freedoms with glee. This regulation is unconstitutional and should be immediately revoked, never to see the light of day again anywhere in America. Thanks to the outstanding leadership of principled New Yorkers like Bobbie Anne Cox, judges in the state’s legal system now have a perfect opportunity to stop Hochul’s quarantine camp policy dead in its tracks.”

Hey! Did you catch that he gave me a shout-out in his press release?! Go ahead and give it a “like” on his Twitter post so he knows you’re behind us on this: HERE

Additionally, I’ve done several interviews about the court hearing thus far, with more to come this week. Here are a few interviews from last week:

Since oral arguments on September 13th (which you can watch here if you haven’t yet seen the re-play), I have received hundreds of emails, cards, phone calls, text messages, posts etc. from people about the case. Lots of kind words, and also lots of questions. Since I cannot possibly respond to everyone individually, I’m going to use this next part of my article to answer some of the most common questions that many of you are asking me.

Which court are you in now?

We are in the New York State Supreme Court, Appellate Division, in the Fourth Department. It is the middle court in the three levels of NYS courts, meaning, we began last year at the trial court level (NYS Supreme Court in Cattaraugas County). We won there. Now the Governor appealed to the next court which is the Appellate Division.

Who are the judges?

There are almost a dozen judges in the Fourth Department, but only 5 preside over any one case. So, a panel of 5 judges will decide this appeal. They are all appointed by a governor. On my panel I have 2 Hochul appointees, 2 Cuomo appointees, and 1 Pataki appointee. And yes, a majority rules, so at least 3 of the 5 judges must rule in your favor for you to win.

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