The New York State Assembly has now a bill in consideration where an empowered local Health-Gestapo Agent can “detain” and “confine” people without the benefit of Due Process or a court order.
Let me trim some of the legalistic tinsel:
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… 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.
The way I read it (IANAL warning) is that your local health inspector, the guy that usually goes and check restaurant kitchens to see if there are rat droppings or roached running around, will now have the absolute authority to confine an individual, or a family, or a congregation or any group of people under the excuse that may endanger others because they feel they can give cooties to others.
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…
You call them facilities, I call them detention camps.
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.
They are not only going to detain you without Due Process but they will keep you till they get tired or you die, whichever comes first.
Read the rest of the bill if you want, I am done feeling sick.
You know Governor Cuomo already read this hand has a raging hard on. But hey, they are doing it for your safety, please meekly accept your confinement.
I’ll give a backhanded compliment; that’s downright short for a bill which basically states, ‘We can confine you if we even think you have the Kung Flu.’
Other than that, any legislator who votes for this bill should be removed from office. Preferably peacefully, but forcibly if needed.
Fifth Amendment of the United States Constitution:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Fourteenth Amendment of the United States Constitution:
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
IANAL but it seems pretty clear to me that the proposed law is unconstitutional on its face. Sadly, it will take months for the SCOTUS to hear this abomination. Any legislator who votes for this, and and any official who enforces this should be prosecuted under 18 U.S. Code § 242 – Deprivation of rights under color of law. However, I won’t hold my breath waiting for Cuomo and DeBlasio to be hauled into federal court.
I was just discussing this with my mother in law. She thinks the government should order everyone to remain in their houses for two weeks. People are willing to follow orders for perceived safety.
That passes and I figure that some tin-horn in a New York burb using that against a political enemy will wind up on the working end of a Solzhenitsyn quote.
“….(somebody).. will wind up on the working end of a Solzhenitsyn quote.”
Nicely stated.
Indeed, just the thought that crossed my mind. Although not so eloquently.
I note that it includes “contacts” and “suspected contacts”, so… anyone who’s been in the same ZIP code as a case or carrier? Or who’s a friend-of-a-friend on Faschbook with someone who posted an invitation to a gathering attended by a suspected carrier?
This won’t pass, even in blue New York, but that it’s even been proposed is chilling.
The tradition notion is that in the USA, the states are the “laboratories of democracy”. As in, 50 different jurisdictions to try out stuff.
In this case, we’re seeing a variation, “laboratories of Stalinism”.
And yes, I agree with Toastrider. Whoever votes for this needs to be convicted at the very least of perjury, violation of 18 USC 242 — both felonies — and sentenced to the maximum term in federal jail. A charge of treason is a reasonable additional one to consider.
So… let me see if I have this right.
The justification for all the lockdowns and masking up is to prevent the medical system from being overloaded. Got it. Makes sense.
This law states “Such person or group of persons shall be detained in a medical facility…” Wouldn’t detaining a large group of people in a medical facility make the overloading of the medical system worse?
I guess that’s why it follows on with “or other” and it is up to the Governor to say what kind of facility it is.
CBMTTek: Yep. (a) Lockdowns because ZOMG! CONTAGIOUS! DISEASE!
(b) Masks! Quarantine! Isolate! Because of above
(C) You wretched Science Denier! Duh Authoriteez will send several armed men, to physically sieze your contagious ass, and then lock you up in a closed environment, with other individuals who may-or-may-not have The Dread Disease, with no adjudication, because of points (A) and (B).
Yep. Makes total sense. Only! Public! Health! going on here, yessir! (Unlike Mr. Solzhenitsyn, *WE* have tools more effective than bats and pokers, with which to say, “Not today, Comrade!”)
NOT that I obsess over this malarkey, or anything, BUT! in the event that they enact this idiocy, what’re they gonna do about health care workers who are exposed, as a condition of their employment?
“I’m sorry, Doctor, but you have to get in this bus, along with the entire nursing staff. And registration staff. And housekeeping. Sorry about your (ER)(ICU)(gen med floor)(gen surg floor)…..”
Schadenboner!