Quarantine Lawsuit Appeal Update, and Upcoming Events

I’ve been receiving requests for an update on the status of Governor Hochul’s appeal of my quarantine lawsuit victory, so here is the latest…

As you likely know, my plaintiffs (Senator George Borrello, Assemblyman Chris Tague, Congressman Mike Lawler, Uniting NYS) and I defeated Hochul’s horrendous “Isolation and Quarantine Procedures” regulation last summer when NYS Supreme Court Judge, Ronald Ploetz, struck down the reg as unconstitutional on multiple levels. The name of the case is Borrello v. Hochul. NYS Attorney General, Letitia James, waited until after last year’s statewide elections were over (which garnered her and Hochul another four years in power), and then she filed an appeal to try to overturn the trial court’s decision.

Hochul and her Department of Health want the power to lock you up or lock you down with no proof you are sick, for however long they want, at whatever location they choose (including in “temporary housing”), with no way for you to get out of quarantine once you’re in there! [You can read the trial court’s decision and the totalitarian reg on Uniting NYS’ website here.]

Outside the courthouse on 9/13/23 (Photo by Matt Connor)

We had oral arguments at the Appellate Division courthouse in Rochester back on September 13th. If you haven’t yet watched oral arguments, you can do so on the court’s website here. The Attorney General’s office argued first and starts at 48:00 minute mark. Then I was next, and that starts at 1:02:35 mark. Arguments ran for about 30 minutes in total. Hundreds of people came to the courthouse that day in support of freedom and to watch oral arguments. This photo montage, which was kindly created by professional photographer Manny Vaucher of Emanphoto, captures vibrant images of some of the excitement of the day. Click here for that montage video. Additionally, several articles and news reports have been issued about oral arguments. If you’d like more details about it, you can access some of those on my website here.

Outside the courthouse on 9/13/23 - Senator Borrello and I giving a press conference (Photo by Matt Connor)

Q&A:

The top question I’m receiving is, whether or not the court has decided the appeal yet… No, the court has not yet issued its decision in the case. There is no set date by which they must publish their decision. It could be next month, could be December, or perhaps beyond.

Here are some answers to other frequently asked questions about the appeal:

• 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.

• When will the court issue a decision?

  • As noted above, the court is not bound to issue a decision at any set time. It could be days, weeks or months before we hear. Stay tuned to my Substack for updates!

• Is there another court above this one that the AG (or I) can appeal to if we do not like the decision?

  • Yes. The final, or highest court in New York State is the Court of Appeals. It sits in Albany, and is presided over by a panel of 7 judges. They are all appointed by a governor. They do not hear all cases that apply to the court (kind of like the US Supreme Court).

• If this court overturns the lower court’s decision, will Rule 2.13 (the quarantine regulation) be re-instated?

  • Unfortunately, yes, it will.

• What can we do to help you?

  • There are lots of things you can do to help me!

    • Spread the word: Share this article, or share my Substack link in general (AttorneyCox.Substack.com), as I have on here many articles about this quarantine battle! Post all over your social media.

    • Media contacts: If you know someone who works in media, radio host, TV reporter, author, etc… ask them to cover this story. They can reach my office at admin@coxlawyers.com

    • Donate to the legal fund. Contributions are appreciated, as you know I have been handling this case pro bono. You can donate here.

    • Stay Informed: Sign up for my weekly Substack, and then share it:

    • Follow me on Twitter and re-post my posts: @Attorney_Cox

    • Visit the web page about this lawsuit and SHARE IT with as many people as possible: www.UnitingNYS.com/lawsuit

    • Sign up for weekly newsletters from one of my Plaintiffs on this case, Uniting NYS: www.UnitingNYS.com

    • Get Involved: When there is an event, show up, and bring friends! The more people who get involved, the better chance we have of restoring law and order to our society.

    Speaking of events, check out some upcoming events below…

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Upcoming Events:

I am pleased to be participating in these exciting events. I hope to see you there!

• Saturday, October 21st - Summit for Truth and Wellness - Get details and tickets at https://summitfortruth.com/

• Saturday, November 4th - Rebuild Freedom - Brownstone Conference & Gala - For details and tickets Click here

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Inspirational Quote:

Photo by www.Emanphoto.com