Discover more from Attorney Bobbie Anne Cox... Knowledge is power!

Having the correct information is not enough... You must understand it and know how to use it. That is the key. Knowledge = power

Over 8,000 subscribers

We Are T-Minus 2 Weeks Until Our D-Day!

No, I don't mean June 6, 1944

Attorney Bobbie Anne Cox

Aug 28, 2023

I’m sure the members of Uniting NYS know exactly what I mean by “D-Day” in the title of this article. Actually, I’m quite certain that all of my Plaintiffs (i.e. Senator George Borrello, Assemblyman Christ Tague, Congressman Mike Lawler, and the citizens’ group Uniting NYS) on my quarantine lawsuit against our despotic governor, Kathy Hochul, know what I’m referring to. Yes, of course when you read “D-Day” your mind likely jumps to June 6, 1944 when American and Allied forces began the invasion of France in WWII. But that is not its only meaning. In fact, our military had used the term D-Day for decades prior to WWII, so June 6, 1944 is not its only significance in the military domain. Outside the military realm, the term “D-Day” also means a day on which something important is planned or scheduled to take place. It is this latter meaning that I now employ.

My “big day” is just about two weeks from now, on September 13th, when I will be facing off against the New York State Attorney General to defend my historic victory over Hochul and her Department of Health’s unconstitutional, wholly totalitarian isolation and quarantine regulation. As you likely know, we sued Hochul and her DOH last year in a lawsuit captioned, Borrello v. Hochul, and after months of fighting them in New York State Supreme Court in Cattaraugus County, we won! But since authoritarians don’t give up power easily, they are appealing our victory. Hochul and her DOH want their unbelievable, self-appointed, conscious-shocking regulation back!

The Regulation:

For anyone unfamiliar with this dystopian regulation, it allowed the Department of Health to pick and choose which New Yorkers they could lock up or lock down, with no proof that you were ever even exposed to, let alone actually sick with, a communicable disease. They could have locked you down in your home, or they could have removed you from your home and forced you to quarantine in a facility of their choosing.

There was no time restriction, so you could have been quarantined for however long they required – days, weeks, months. There was no age restriction, so they could have done this to you, to your child, to your grandchild, etc. In the true fashion of a totalitarian regime, they could have told you what you could and could not do while in quarantine. They literally could have controlled your every move.

The regulation allowed them to use law enforcement to enforce their orders of isolation or quarantine, which means you could have received a knock at the door from your local police or sheriff telling you that you had to go with them… by order of the Health Department.

Furthermore, the regulation had no procedure by which you could be released from quarantine, no way for you to try to negotiate your way out. And it was not COVID19 specific. There was a laundry list of “communicable diseases” that could have triggered this nightmare loss of freedom – diseases such as Lyme, Toxic Shock Syndrome, COVID19 and so many others.

As my lead plaintiff, Senator George Borrello, says… this is a regulation that would likely make Xi Jinping blush.

The Timeline:

We first filed our case in April 2022, and after months of fighting the Attorney General in NYS Supreme Court, Judge Ronald Ploetz rendered his decision on July 8, 2022. Within days, the Attorney General’s office filed a Notice of Appeal which then gave them six months to file their appeal papers. We had statewide elections last November, and both Governor Hochul and Letitia James were running for election.

Interestingly, they did not file their appeal to try to overturn this horrific regulation before that crucial election. Then, just days before their six months was going to expire in January 2023, they made a request for an additional two months to file their appeal! Despite our strong objection, the court granted the extension thereby giving the Attorney General until March 14, 2023 to file the appeal. Mere hours before the deadline, they filed their appeal.

And so, since March of this year, I have been fighting the Attorney General in the New York State Supreme Court, Appellate Division, Fourth Department which is based in Rochester, New York. The appeal has been fully briefed, and the final stage is oral arguments which will be held on September 13th, at 10:00am EST, at the courthouse in Rochester located at 50 East Avenue. The arguments are open to the public, and your peaceful presence is welcome. It’s not a rally, or a protest. It’s the ability to come sit in the courtroom and hear the epic battle take place, live. The Attorney General will argue why they believe that the trial court erred last year when it ruled in our favor, and then I will argue to defend the trial court’s proper determination in striking down that horrific regulation! If you cannot make it to Rochester in person on September 13th, you can watch the oral arguments live on the court’s website at: https://ad4.nycourts.gov/go/live/

How You Can Help:

Please help us win this unprecedented fight for freedom! We need all hands on deck. There are several ways you can help…

- Come to the courthouse on September 13th! We begin at 10:00am. Mark your calendar now so you don’t forget! Here is the link to the flyer for oral arguments: Oral Arguments flyer link

- Spread the word: Share this article, and share the above flyer! Post all over your social media. Tell everyone you know that the government wants the power to lock you up or lock you down with no proof you’re sick, in violation of our laws and our Constitution!

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

- Attend the fundraiser September 12th in Rochester. My friend and colleague, radio and podcast host, Shannon Joy, is hosting a fundraiser to support my legal battle against the Governor and DOH. It’s Tuesday September 12th, 5:00pm at Pane Vino on the River, 175 N. Water St., Rochester, NY. The flyer is here: