NY Democrat introduces bill allowing gov to ‘order the removal,’ detention of people with contagious diseases

News & Politics

New York’s Libertarian Party is speaking out against new legislation that would vastly expand the power of the state’s governor, permitting the detainment of individuals deemed to “pose an imminent and significant threat to the public health” by being a “suspected case, contact or carrier of a contagious disease.”

What does the bill say?

The legislation, recently introduced by New York Assemblyman Noah Nicholas Perry, a Democrat, calls for amending New York public health law to permit the “removal and detention of cases, contacts and carriers who are or may be a danger to public health” upon the governor declaring a public health emergency.

The bill states:

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.

The bill goes on to call for the detention of such individuals “in a medical facility or other appropriate facility or premises designated by the governor or his or her delegee” until the government determines the person is no longer a contagious threat.

However, the bill states that “in no event shall any person be detained for more than 60 days without a court order authorizing such detention.”

“The governor or his or her delegee shall seek further court review of such detention within ninety days following the initial court order authorizing detention and thereafter within ninety days of each subsequent court review,” the bill adds.

What was the reaction?

Cody Anderson, chairman of the New York Libertarian Party, denounced the bill as offering a “clear and direct path to unconstitutional and indefinite detainment.”

“Let’s put aside for a moment the egregious privacy violation in issuing an order announcing an individual to be a health risk,” Anderson said.

“No US state was ever meant to have a single person acting as judge and jury, without checks or balances; if this bill is allowed to pass, that is exactly what New York will have,” he added. “We once again demand that legislative leaders be principled when they claim ‘My body, my choice’ — they must not pick and choose.”

Anything else?

In a statement released Sunday, Perry said his bill is receiving unfair criticism. He explained that he initially introduced the legislation during the Ebola scare, and that he does not intend to violate anyone’s 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 said. “A proper reading of the bill would find that significant attention was paid to protect individual rights which could be affected by exercising authority granted in this bill.”

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20 Comments

  1. Perry is a liar. He states he will not violate anyone’s rights. He must take New York citizens for fools. This bill must not pass. Perry, are you related to Hitler?

    1. they are fools, they voted cuomo back in didnt they and he definitely to be hitler,just hitler was smarter than cummo lol

  2. Does that include children with measles? Mumps? or any other childhood disease? Good luck with explaining the dog kennels full of children. Federal Govt had fun with that. People with the annual Flu fit that description also. I also take it they are taking responsibility if anyone dies?

    1. This is one worst approach to humanity. No I refuse to believe New Yorkers’ afflicted ones, their families, and their relatives will just sit there and do nothing.

  3. “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,”
    Has this “Assemblyman” ever read the Constitution? Now, if they are smart, we will see a mass exodus from New York, much like California, and bringing their Liberal crap with them…

  4. As a New yorker, I am totally Against this A,416 Bill as It is Unconstitutional and Illegal according to the Constitution and the Laws of a free Republic.

  5. The proposed Assembly Bill A416 looks like something that Joseph Stalin, Adolf Hitler, Joseph Stalin, Mao Zedong, Vlad the Impaler, Pol Pot, Muhammad, Kim Jong-il, Ivan the Terrible and Kim Jong Un would be proposing to have full control over their people.

    This proposed Assembly Bill A416 just reinforces that many people in the Democratic party want to emulate all these evil government rulers. It’s all about control for the selfish benefits of the few.

      1. you forgot to mention that dumbass cuomo’s name. hes trying to join that list of names. he has a few deaths attached to his name now.

  6. We cannot run away from this. We are watching America descend into communism. Either WE stop these criminals right now or soon they will find more ways to take away freedom. This virus is another fraud, they have lied to us from the beginning. Think about it.

  7. This is only the beginning folks. Wait until you see some of the bills the Democratic Nazis propose in congress! Of course we could use the bill to remove the stupid democrats that are in lock step with their leaders. Apparently that seems to be contageous!

  8. Recto-cranial inversion is what it used to be called. It now seems to have reached monumental epidemic proportions which could lead to them being ostracized themselves.

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