Would you find it troubling if your state legislature were considering a bill allowing government officials to “detain or remove” individuals they deem a risk to public health? Is this a problem? How is that different from forced sterilization? Is it different from organ harvesting? Or maybe it is those things.
Related: New York Proposes Bill To Detain People Or Groups Deemed a Threat to Public Health
Well, such a bill was first introduced by Democrat New York State Assemblyman N. Nick Perry. His version grants power to Governor Cuomo and state health officials to forcibly confine any individual considered a danger due to a contagious disease. It has the flexibility to include a suspected case of disease. The government can confine its detainees to either a medical facility or another type of space appointed by the governor.
Probable cause is not required. Judicial appearance? There is no requirement. Permission to treat? There is no requirement. It is much easier than an abortion. There is no requirement to treat once detained. There is no right to appeal? The length of detention is indeterminant. No compensation for being held against one’s will. Just suspension of habeas corpus.
The proposal
The New York bill says: “The governor or his or her delegee may, in his or her discretion, issue and seek enforcement of any other orders that he or she determines are necessary or appropriate to prevent dissemination or transmission of contagious diseases or other illnesses that may pose a threat to the public health…”
They can break into your residence or wherever you might be without a warrant because they have the discretion. The proposed legislation does not name the disease.
Instead, it claims that, in addition to detention, individuals with exposure to or infection by a “communicable disease” resulting in “severe morbidity or high mortality” may also be subject to tests, medical examinations, treatment, preventative medication, and vaccination by the state while in state custody.
Exactly what is the medical standard for severe morbidity and high mortality? Just asking? the bill doesn’t say? Does it vary from time to time? How about place to place? Is forcible medication of suspected illness a problem?
Requirements, abuse and who is next?
Requirements for this detention include the production of “clear and convincing evidence” by the state as well as a court order if the custody prolongs 60 days. The proposal includes Judicial review if an individual detention is for more than 90 days. Consecutive days or intermittent? Who is going to know? They will swoop in. scoop up and entire family. Who’s going to make inquiry? The next one to disappear?
Individuals may be released only after subjective scrutiny from health departments, which will determine “that the person is not infected with the disease or that such contact no longer presents a potential danger to the health of others.”
Have we ever heard of abuse in such a system?
The bill is on the schedule for examination and review next week by the state assembly’s health committee. If the legislative proposal makes it through both the state House, Senate, and the governor, it would be effective starting “on the thirtieth day after it shall have become a law.” Is forcible medication of suspected illness a problem?
Are you planning any trips to New York soon? I will not go to New York… ever again. Maybe I’d drive through non-stop or but not fly over. Who can tell what will happen if your plane diverts or has to land for cause. Irrational fear trumps your civil liberties every time in… N.Y.? Mi? Ca? N.J.? and who else seems probable?