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... continued...

STEVE KIRSCH: But what happens in the meantime? Are they allowed to do this, like, in the meantime, or, is, did the judge state regulation. Which way is it going?

BOBBIE ANNE COX: Right, so the judge struck down the regulation. So it no longer exists, it is not enforceable.

STEVE KIRSCH: But before he did that, what was the, what would happen if, like, could they have put you in these quarantine camps?

BOBBIE ANNE COX: Oh, for sure. For sure. The regulation had no requirement that they prove that you were sick.

STEVE KIRSCH: Wouldn't it be great if we controlled the governor's office in New York and then we invited Anthony Fauci to give a talk, and then we said, eh, we're going to quarantine you. Forever.

BOBBIE ANNE COX: [laughs] Well, that's what the regulation let them do, right? The regulation—

STEVE KIRSCH: This could be used the other way. I mean, if, if, assuming it was constitutional. Look, even the New York legislature shouldn't have the power to take a citizen and put them in quarantine for an undetermined amount of time. That seems like that would be unconstitutional no mater how you look at it. That no state legislature, Congress can't do it, nobody can do that. Is that right? Unless you rewrote, amended the constitution, essentially. Is that correct?

BOBBIE ANNE COX: Right. So you know we do have a law in New York State, as many states do, which does allow the government to isolate somebody if they are a public health threat. However, that law, which we've had for 70 years here in New York, that law does have a number of due process protections built into it, so that the government can't abuse its power, right? So the number one thing that that law says is you have to prove the person actually has the communicable disease that you think they have. You can't just suspect, well, maybe you were exposed, maybe you weren't, I don't know, but I'm going to issue you an isolation or quarantine order. No. The law is very clear. Step one, the person has to actually be sick. And that law has many other due process protections built in. But another main one there is that it's not that the judge finds that you are harboring a disease, the judge has to find that you are being a nuisance and you are not acting in a manner to protect other people from getting your disease. Right? So they have to have an investigation, according to the law, they have to have an investigation, you have a right to an attorney, there has to be a hearing before a judge, the judge has to issue the decision.

In this regulation, you know, Hochul comes along with her Department of Health and says, well, forget that, we're not going to do that, we don't need to have due process, we're going to pick and choose which New Yorkers we want to lock up or lockdown for as long as we want and we don't have to prove anything. We don't have to prove they're sick, we don't have to prove they were exposed, you know, we're just going to put— and we'll let you know when you can get out.

It was so anti-American, so unconstitutional. The judge struck it down. he said it's null and void. He barred them from enforcing them from enforcing it. So today, as of July 8, 2022, New Yorkers cannot be thrown in detention centers, whatever you want to call them by the Department of Health. They cannot, they no longer have that power. It's shameful that they want to appeal it. It really is shameful. And use tax dollars to do so. You know, clear breach of separation of powers. And clear that they want to completely get rid of our constitution and rewrite it so that they can do whatever they want whenever they to the citizens of New York.

The problem is that if this happens in New York, let's say Hochul wins on Tuesday, election, let's say Leticia James wins, now she's our Attorney General again, Hochul's our governor again and they move forward with the appeal, let's say it's overturned. If we have quarantine facilities in New York State as a new way to contain communicable diseases, that's going to spread across the country like wildfire. Every state's going to turn and say, wait a minute, if New York's allowed to force their citizens into quarantine with no proof and no due process, why don't we do that? Oh, of course we can do it, let's do it! Right? So it spreads, you know, the insanity will then spread across the country and then what do we have? Then we have the United States of America having forced isolation and quarantine facilities. I mean, it's just, it's absurd. It cannot stand. It just. [shakes head]

STEVE KIRSCH: Yeah, there's certainly been a lot of absurd things that have happened in this pandemic that I believe cannot stand. They've been standing for a lot longer than I ever expected. And the more I learn about what's going on and there are all sorts of atrocities that existed for decades and well-known and they're still being pulled off, you know, not to the extent of quarantining people without their consent, but, yeah.

BOBBIE ANNE COX: But I mean it's, you destroy lives, right? You see what the lockdowns did to people. You know. Imagine the government, unelected bureaucrats in the Health Department being allowed to tell people, you can't see your child, you can't go to work, you have to be locked up in this facility until we tell you that you can get out. There was no way to negotiate your way out. You couldn't say, wait a second, hang on a second, I don't have tuberculosis. I'll take a test. You know, I'll prove to you I don't have tuberculosis, or monkey ox. There was a whole long list of diseases that would fall under this regulation. It wasn't just covid 19. You know, tuberculosis, polio, money pox, toxic shock syndrome, I'm not exactly sure how that's communicable. But, you know, Lyme disease. They were really putting anything they wanted on this list and—

STEVE KIRSCH: Quarantining for Lyme disease! Wow.

BOBBIE ANNE COX: That was on the list.

STEVE KIRSCH: Wow.

42:45

[END OF EXCERPT]

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TRANSCRIBER'S NOTES:

See

"Court Strikes Down 'Quarantine Camp' Regulation in New York by Bobbie Anne Cox, Brownstone Institute, August 25, 2022

https://brownstone.org/articles/court-strikes-down-quarantine-camp-regulation-in-new-york-state/

Bobbie Anne Cox blogs at

https://attorneycox.substack.com

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RunningLogic's avatar

Ugh NY is such a mess 😕

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