A New York state lawmaker has introduced a bill that would allow the government to detain people deemed a potential public health risk, amid concerns that the Covid-19 crisis is being allegedly used to usher in authoritarianism.
Authored by a Democratic member of the New York State Assembly N. Nick Perry, Bill A416 calls for the “removal and/or detention” of individuals who are identified as a “case, contact or carrier” of a contagious disease.
Such person or group of persons shall be detained in a medical facility or other appropriate facility or premises.
The sweeping powers would be employed in the event of the state government declaring a health emergency due to an epidemic of any communicable disease, the bill proposes. The legislation states that the government must provide “clear and convincing evidence” that the health of others is in danger before ordering a person or group to be detained. People being “removed” will have the right to legal representation and are allowed to supply the telephone numbers of friends or family to receive notification of the individual’s detention.
The law apparently allows the governor or health official to unilaterally approve such detentions but a court order is required within 60 days of confinement, and judicial review is also required if the individual is still in detention after 90 days.
