This week, the New York state attorney general formally submitted an appeal of the July 8 State Supreme Court ruling that struck down the state’s attempt to use a state Department of Health rulemaking process to establish isolation and quarantine procedures related to highly communicable diseases.

In response to the state’s appeal, state Sen. George Borrello, Assemblyman Chris Tague and Representative Michael Lawler, three of the plaintiffs who brought the lawsuit forward, issued the following statements:

“It is disappointing, but not a surprise, that state officials have chosen to pursue an appeal of Judge Ploetz’s ruling declaring Rule 2.13 unconstitutional and ‘null and void.’ Their actions are an egregious waste of taxpayer dollars and an attempt to defend an indefensible policy. The constitutional separation of powers and the right of due process are principles that cannot be compromised,” said Borrello. “We are committed to helping attorney Bobbie Anne Cox, who has selflessly led this fight, see this case through to its conclusion.”

“This case has been on solid ground from the start and Judge Ploetz’s ruling only confirmed that. The notion that a state agency could unilaterally adopt a policy that mandates authoritarian-style isolation and quarantine procedures would have been unimaginable a few short years ago. However, the extreme government control and overreach that was disturbingly normalized during the pandemic has given rise to actions like this one. It has to stop and that is why we won’t give up,” said Lawler.

“This unconstitutional power grab must be stopped in its tracks. If Rule 2.13 is allowed to stand, I guarantee we will see more frightening intrusions on our civil liberties in the years ahead. I am calling on the governor and the attorney general to accept the court’s ruling and stop this waste of taxpayer resources on this futile fight,” said Tague.