Can Kathy Hochul’s Health Department detain New Yorkers without due process?

In April 2022, attorney Bobbie Anne Cox filed suit in the New York State Supreme Court against Gov. Kathy Hochul (D-NY) and the New York State Department of Health. Borrello v. Hochul sought to prevent implementation of 10 NYCRR 2.13, or Rule 2.13, a DOH regulation titled “Isolation and Quarantine Procedures,” which empowered public health officials to issue isolation and quarantine orders for New York citizens “to control the spread of a highly contagious communicable disease.”

According to Cox, the regulation leaves citizens vulnerable to multiple violations of their civil rights. “This regulation renders New Yorkers guilty until proven innocent,” she said.