Sup Everyone,

Today is 1/3/21 – first rant of the New Year!! It is day 302 of the State of Emergency in NYC!! YEAHHH BUDDY!!

As if 2020 wasn’t shitty enough, the Emperor and all his Cronies in the Assembly, Legislative Ministry and his Ministry of Health have decided that they were going to start 2021 with a bang by detaining and removing persons who are “potentially dangerous” to public health.

Yay!!

I hate to keep making the connection, but it almost seems as if we are truly living in Orwell’s 1984.. recall 1984 where the agents of the “Thought Police” would move out and about, marking down and eliminating the few individuals who were judged capable of becoming dangerous to the public health. (See 1984, Chap. 7, p. 91). Here, we see the Ministry (Dept.) of Health, empowered by the Emperor, to “remove and detain” those who are suspected to be carriers, or otherwise dangerous to the public health.

For a link to the worlds most shitty bill (at least until we know what tomorrow brings), you can find it at the NY Senate website. The link is below:

https://www.nysenate.gov/legislation/bills/2021/a416

I also copied and pasted the bill to my webpage in the “Policies & Legal” section, with my redlines and commentary, so you can see the fuckery yourself.

Let’s bring it up!

This bill was introduced by State Assemblyman N. Nick Perry. It is known as Assembly Bill 416 (A416). It will be introduced on 1/6/2021.

In short, the bill will amend the public health law, in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health.

The full public health law is a HUGE section of the state administrative code, but for the most part, the section we are focused on is Article 21, the Control of Acute Communicable Diseases.

This is basically looking to add a new section to the code, 2120, SO IT WOULD BE CODIFIED UNDER Article 21, Title II Control of Patients (Sec. 2120-2125)

NOTE: STATUTORY CONSTRUCTION. Each Title has its own specific definitions that are unique to the Title. This means that as it is looking to MODIFY and ADD to Title II, we will focus our analysis there before we move on.

Sec. 2120-a(1) Removal and Detention.

Under this section, so long that there is a “state of health emergency” due to an epidemic—which is what we are currently going through now since 3/7/2020, the Emperor, or any delegated authority may begin the removal and detention of cases, contacts and carriers who are or may be a danger to public health.

BIG IDEA. So long as there continues to be a state of emergency, this bill gives the governor, or his delegated authority, the authority to remove or detain you—if you ARE a danger to public health, or POTENTIALLY a danger to public health!

Sec. 2120-a(2) Standard of Removal.

With a showing of “clear and convincing evidence” (i.e. 75%) that the “health of others is in danger from a case, contact or carrier, orsuspected case, contact or carrier of a contagious disease (like COVID, or any other disease for that matter) in the OPINION of the EMPEROR, after consulting with his Ministry, that the person is an imminent and significant threat to the public health resulting in severe morbidity or high mortality, the governor or his or her delegee, including, but not limited to the commissioner or the heads of local health departments, may order the removal and/or detention of such a person or of a group of such persons by issuing a single order, identifying such persons either by name or by a reasonably specific description of the individuals or group being detained.

The person or group shall be detained in a medical facility, or other appropriate facility.

Sec. 2120-a(3) Emperor’s Discretion.

The person or group is to be detained by order of the Emperor, for whatever such period directed by the Governor or Department.

Sec. 2120-a(4) Length of Detention / Removal.

Sec. (a) for a confirmed case, you are to be detained until the Emperor or Ministry says you are no longer infected; Sec. (b) for a suspected case, you are to be detained until the Emperor or Ministry says you are free to go; (c) for a confirm carrier, you will be released when the Emperor or Ministry says you are no longer a risk;

Sec. 2120-a(5) What Happens When Detained.

When detained, you will (a) have your medical conditions addressed on a regular basis, and (b) be detained in a manner consistent with isolation protocols.

Sec. 2120-a(6) Appeals; (7) Court Orders; (8) Notice.

Once detained, after 3 days, you will get an “opportunity to be heard,” but upon commissioner or Ministry’s Order, you will be detained again. If the person or group is detained for more than 3 days, and they request release, it will require a Court Order which will be applied to in an additional 3 days.

Once the Court gets hold of the application, unless the Court says otherwise, that person or group applying for release must be released in 5 business days.  No one may be detained for a period of more than 60 days without a Court Order.

Detention Orders will be available to each detained person, unless impractical, in which case it will be “posted in a conspicuous place” at the place of detention.

Sec. 2120-a(9) Misconduct.  If detained, you will conduct yourself in a proper manner and not disorderly. You shall not attempt to leave until discharge.

Saving the most fucked up part for last:

Sec. 2120-a(12) Application to Any Other Orders.

In addition to the removal or detention orders herein, the Emperor 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, which includes:

  • Putting you under house arrest;
  • Subjecting you to as many tests as required (also applies to toxic and radioactive chemicals);
  • Subject you complete a prescribed course of treatment, preventive medication or vaccination, including directly observed therapy to treat the disease
  • Subject you to decontamination procedures deemed necessary by the department.

Amazing.

So lets recap this in a nutshell—

During a State of Emergency, declared by the Emperor and his Ministry, any individual or group who are considered contagious, cases, contacts and carriers, or POTENTIAL carriers, shall be detained in a medical facility, or anywhere else appropriate, held for as long as deemed proper until you are no longer a risk, and while in detention you can be subject to testing, a course of treatment, vaccines, and other kinds of decontamination.  This can be applied to any other Orders, so long as it is deemed necessary by the Emperor and his Ministry.

Truly, very Orwellian, as it would almost seem to function in the same way… the arrests will invariably happen at night. You will be jerked out of your sleep, the lights glaring in your eyes, the ring of hard faces around your home. Since this is “detention,” there will be no trial, no report of the arrest. People and groups who are “suspected carriers” or otherwise cause others to be at risk will simply disappear. Your name either removed from the registers or rewritten as dangerous, every record of everything you had ever done will be wiped out or rewritten (much like a Facebook fact checker, or those that are taken down by Google), your one-time existence will be denied, rewritten, reconstructed and then forgotten. You were abolished, annihilated or made an enemy.

This is New York. This is America in 2021.

Please note that this flies in the face of existing case law.

  • No one may be quarantined unless they are actually infected. An “isolation of all persons and things” is only permitted when they are “infected with or exposed to” contagious and infectious diseases. In re Smith, 146 N.Y. 68.
  • You may not be suspected to a quarantine just because you are not vaccinated. No authority is given by said provisions to said health commissioner to quarantine any person simply because he refuses to be vaccinated, and to continue him in quarantine until he consents to such vaccination. In re Smith, 146 N.Y. 68.

BIG IDEA. This “suspected” infection shit is not approved by the HIGHEST COURT IN NYC, THE COURT OF APPEALS.

  • In 1917, the Court held that this “absolute power to quarantine” does not confer upon anyone the unlimited power to control persons or property at their discretion; as a preliminary to his action, the health officer had to deem the action essential to public health with clear evidence, and the person MUST be currently infected and clearly a danger to others. This was upheld to only 3 types of infections scarlet fever, smallpox or diphtheria. Crayton v. Larabee, 220 N.Y. 493.

BIG IDEA. Before you can order any sort of detention, it must be clear, direct, the person must be currently infected, and it was only permitted with 3 specific infections, scarlet fever, smallpox or diphtheria. Crayton v. Larabee, 220 N.Y. 493.

Finally, some odds and ends:

10 Nycrr 2.1 – Infection Disease is Not Defined to Include Covid as of 1/3/21.

Where the statute speaks of a “infectious, contagious or communicable disease” – this is a specific list provided under 10 NYCRR Sec. 2.1. COVID is not in this list as of 1/3/2021. This is why this is ONLY permissible during the State of Emergency.

Suspected Case Defined at 10 Nycrr 2.2

Under 10 NYCRR § 2.2, a “suspected case” shall mean a person who has been determined as possibly having a particular disease or condition. A suspected case may be based on signs and symptoms, signs and symptoms combined with known exposure based on the best available evidence of transmissibility to a case or suspected case, and/or on laboratory evidence, as applicable.

BIG IDEA. If you are a “suspected case” but are asymptomatic like 80% of those who carry COVID, it is very difficult to prove this (unless of course, they don’t give a shit)

But if you have been following the Emperor, you know he couldn’t give a shit about anyone ruling against him:

“That Supreme Court ruling on the religious gatherings is more illustrative of the Supreme Court than anything else… it’s irrelevant from any practical impact.”

Folks, the time is going to come when the Courts will not provide you with an answer… and even if they do, the Emperor will not give a shit.

If this passes, be ready for it.

Your line up of case law is as followed.  Please stay UNUSUALLY MOTIVATED my friends. 😊

Yours in love, law and lifts.

Vinny

The Most Jacked Attorney in NYC.