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Lawyer Who Won Epic Lawsuit Against New York State’s Draconian COVID Camps Receives Standing Ovation for Her Oral Arguments in Lawsuit Appeal
Gateway Pundit ^ | Sep. 16, 2023 | Margaret Flavin

Posted on 09/17/2023 6:21:28 AM PDT by george76

On Wednesday, Attorney Bobbie Ann Cox faced off against the New York State Attorney General to defend her victory over New York Governor Kathy Hochul and the New York Department of Health (DOH) in the epic lawsuit Borrello v. Hohul.

The case resulted in the New York State Supreme Court in Cattaragugus County striking down Hochul’s unconstitutional “Isolation and Quarantine Procedures” that allowed them to illegally lock citizens up, or lock them down, without any proof of illness and without any due process.

The State Attorney appealed the decision.

Cox presented her oral arguments in front of the Appellate Division’s 5-judge panel and received a standing ovation from the gallery.

...

For anyone unfamiliar with this dystopian regulation, it allowed the Department of Health to pick and choose which New Yorkers they could lock up or lock down, with no proof that you were ever even exposed to, let alone actually sick with, a communicable disease. They could have locked you down in your home, or they could have removed you from your home and forced you to quarantine in a facility of theirchoosing.

There was no time restriction, so you could have been quarantined for however long they required – days, weeks, months. There was no age restriction, so they could have done this to you, to your child, to your grandchild, etc. In the true fashion of a totalitarian regime, they could have told you what you could and could not do while in quarantine. They literally could have controlled your every move.

The regulation allowed them to use law enforcement to enforce their orders of isolation or quarantine, which means you could have received a knock at the door from your local police or sheriff telling you that you had to go with them… by order of the Health Department.

Furthermore, the regulation had no procedure by which you could be released from quarantine, no way for you to try to negotiate your way out. And it was not COVID19 specific. There was a laundry list of “communicable diseases” that could have triggered this nightmare loss of freedom – diseases such as Lyme, Toxic Shock Syndrome, COVID19 and so many others.

During oral arguments for the appeal, Cox asked the court, “Does the Department of Health have to follow New York State law when they want to remove someone from society who is a public health threat? The answer to that overwhelmingly clear question is yes; of course, the Department of Health has to follow the law. If they don’t have to follow the law, then what’s the point in having the New York State legislature?”


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; Politics/Elections; US: New York
KEYWORDS: bobbieanncox; camps; covid; covidcamps; kathyhochul; lockdown; lockdowns; lockup; newyork

1 posted on 09/17/2023 6:21:28 AM PDT by george76
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To: george76

I didn’t realize NY had done those things. Unbelievable!


2 posted on 09/17/2023 6:26:25 AM PDT by Rusty0604 (Despthaerately looking for new conspiracy theories as all the old ones have come true)
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To: george76

No one will pay for the false imprisonment of hundreds of people.


3 posted on 09/17/2023 6:32:41 AM PDT by MeganC (There is nothing feminine about feminism. )
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To: MeganC
"No one will pay for the false imprisonment of hundreds of people."

Especially since there is no capital punishment in New York.

4 posted on 09/17/2023 6:40:23 AM PDT by Carl Vehse
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To: george76

I have for the past 5 or 6 years advocated that the only way to stop this is to ridicule and ostracize every single dimocRAT voter in America. They would and do betray YOU to the party and their intimidators/enforcers. This includes spouses and family members.

This situation is the 999th example of exactly what I mean. These bastards need to be defeated at every juncture. It’s not good enough to ignore them or move away from them. They “feel” they’re superior to everyone in every way and it’s their solemn responsibility to make us like them and will follow you to the Gates of Hell, their spiritual home.

The battle lines have been drawn, not in the sand either. See my tagline.


5 posted on 09/17/2023 6:50:07 AM PDT by bigfootbob (Arm Up and Live Free!)
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To: george76
These abuses by a government supposedly established to guarantee these rights to its citizens are beyond any attempt to claim doing "the peoples work".
There was a time when anything even hinting at something like these atrocities would have been answered in 30-30.

There would have been no appeal.

6 posted on 09/17/2023 7:01:37 AM PDT by skimbell
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To: bigfootbob

I’ve said the same. Mocking them is the surest way to attack and defend. Their egos are quite fragile abd they find courage when ensconced in their little echo chamber, so piercing that is key.


7 posted on 09/17/2023 7:01:51 AM PDT by vivenne (⁹)
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To: george76
For those who don't want to wade through the garbage on GP: Video of argument
8 posted on 09/17/2023 7:07:08 AM PDT by AndyJackson
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To: george76

Becomes very obvious that Governor’s have too much power. Don’t tell me they couldn’t have stopped thousands of ILLEGAL ALIENS from coming to my state....New York.


9 posted on 09/17/2023 7:30:59 AM PDT by Sacajaweau ( )
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To: MeganC

George FLoyd’s family got 27 MILLION $$$$$

Ashley Babbitt’s family got NOTHING


10 posted on 09/17/2023 7:43:08 AM PDT by ridesthemiles
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To: george76

My Fight Against the Quarantine: The Backstory
Bobbie Anne Flower Co, OCTOBER 4, 2022

I was speaking at an event earlier this week, as I often do, with the intent of trying to educate the attendees about the authoritarian “Isolation & Quarantine Procedures” regulation that New York’s Governor, Kathy Hochul, and her Department of Health (DOH) snuck through, right under the noses of 19 million-plus New Yorkers.

Over the course of the past several months that I have been fighting a legal battle to strike down this dystopian regulation, the reg has taken on a nickname of sorts. People refer to it as the “Quarantine Camp regulation.”

Technically they are not wrong, as the regulation clearly gave the DOH the power to pick and choose which New Yorkers to forcibly lock up or lock down, for however long the government wanted, whether in your home or at a “facility” of their choosing, with your every move monitored and controlled by them. All that, without any proof that you actually had a communicable disease!

Since the mainstream, legacy media is fully censoring any talk about my lawsuit and the reg in general, (see my prior article about the incredible censorship), more often than not, I am speaking to a crowd that has never heard about this wholly unconstitutional power grab of Executive Branch quarantine camps. As such, my speeches need to give audiences some detailed background information to set the stage.

My speech the other day was the standard format that I typically present, where I begin with describing Hochul’s abhorrent Quarantine Camp regulation, how I brought a lawsuit against Hochul and her DOH, the tricks they pulled and games they played to fight back against me, how I defeated them by winning little battles along the way, how the judge ultimately ruled in our favor striking down the reg as unconstitutional, and how Hochul and Attorney General Letitia James shamefully plan to appeal.

I spoke in some detail about all this, to an audience full of people who (for the most part) had never heard about any of this. So after the shock of what I was describing to them dissipated a tad, as per usual, I was greeted with numerous questions. People always want to know: how I found out about this almost secret regulation? Have I been to any of the quarantine camps? Where are they located? What are the Governor’s and Attorney General’s chances of winning on appeal? And so on…

But this time, a woman in the audience asked me a question that, thus far, no other (non lawyer) has asked me. It was surprising, as I have been giving speeches and doing interviews on this topic for the better part of 2022, and I literally cannot count how many presentations, speeches, interviews, articles I have done to date. Yet, here she was with a quantitatively unique question.

A question that pleased me because it showed that people are starting to understand how the game is played. “What game is that,” you ask? The game of catch-me-if-you-can. It’s played when the government is doing whatever it wants, however it wants, Constitution be damned, and they are waiting for a lawyer to dare to challenge them in court. They well know that to do so, the lawyer must have a plaintiff that has standing – something that can be difficult to establish.

Alas, here was her question, “But how did you get standing to sue the Governor?” Such a clever question! Why? Because most people do not understand that you cannot just bring a lawsuit against the government because you do not like something that they did. You must have an injury, and then you can sue them for redress. If you do not have standing, your case will get thrown out of court without a judge ever considering the actual merits of your case.

Standing is a confusing topic for many people, and rightfully so. Not only can it be confusing, it can be frustrating to citizens who want to take legal action. If I had a dollar for every time a person has asked me if I will sue over this or that thing that the government did, or is doing, or said they are thinking of doing, then I could easily fund my quarantine camp lawsuit, and many others!

Putting it in another more familiar context, if someone steals your mother’s car, you cannot sue them, because you haven’t lost anything (it wasn’t your car that was stolen). Alternatively, if someone steals your car, now you can sue them because you have suffered an injury. This is called standing.

Reverting back to this woman’s question at this recent event, I happily explained to the crowd the legal theory I used to establish standing. Since Governor Hochul and her DOH were not yet pulling people out of their homes and forcing them into detention camps pursuant to this regulation, I could not use an injured, quarantined citizen as the plaintiff. So, I had to find others who were injured instead. I had to be really creative to establish standing another way. How I did that was by using the government against the government.

(The details on how I crafted this are not for an article, and are much better explained in a live presentation or speech, especially one that provides for Q&A afterwards. This was a private event the other day, so my speech was not taped. However, I will be doing an event open to the public which you can attend in person or virtually, on Saturday October 29th. It will be a terrific afternoon of speeches and Q&A by, not just me, but Senator George Borrello (the lead plaintiff on my quarantine camp lawsuit), Mayor Deb Rogers (who publicly stood up to this draconian regulation while I was fighting the Governor in court), and more! Seating and live Zooming is limited, so pre-registration is required. You can register HERE. There is a small fee to attend, as we try to raise some funds to help defray the costs of this lawsuit.)

At this private event the other day, one of the other speakers was my colleague, the brilliant author, founder of the innovative and brave Brownstone Institute, and one of the masterminds behind the Great Barrington Declaration, Jeffrey Tucker. After I had answered a round of questions in the Q&A, the audience was visibly both deeply engaged and utterly flabbergasted at the same time. We could see their minds churning this through…

How could our government be so cruel so as to concoct a regulation that aims to forcibly isolate law-abiding citizens, and, as NYS Assemblyman, Chris Tague says, “is reminiscent of actions taken by some of the ugliest tyrannical regimes history has ever known. It has no place standing as law here in New York, let alone anywhere in the United States.”

Everyone’s minds kept reeling…

How could the government do this in the cloak of night, without a word to the public, almost in secret, such that unsuspecting citizens (and VOTERS) are unaware of this tragic assault on our basic human rights?!

There was a pregnant pause when I finished my last sentence, a strange silence fell over the room for just a few seconds, yet it seemed so much longer. Jeffrey broke the silence. All eyes were on him. “I want to point out that Bobbie Anne is not a lawyer with some large, well-established or well-funded, national, nonprofit law firm. On the contrary, she sued Governor Hochul and defeated her all by herself, and she did it pro bono.”

Now all eyes shifted back to me. I explained to the audience that Jeffrey was correct, but then I went a step further and I shared with them the unknown fact that not only am I handling this case by myself, and doing it pro bono, but I had to essentially give up my successful law practice (which had taken me 20+ years to build up) in order to do this quarantine lawsuit. There was a collective gasp from the audience.

This isn’t information I typically share. I don’t publicize the sacrifices I’ve made to bring, fight, and defend this quarantine camp lawsuit these past several months. Why not? Probably because I never thought it was an important fact for people to know. I think I figured it was just important that people knew that the reg existed, I fought it and won, and that they are now safe from unconstitutional, forced isolation and quarantines, unless and until Hochul appeals as she has vowed to do.

But afterwards, before I left the event, a number of people came up to me to shake my hand and thank me, and they specifically told me that people need to hear the human side of my battle against authoritarian rule. They encouraged me to tell more people the hurdles I have jumped and the challenges I have surmounted in this fight to deny tyranny to a government that has spun out of control. They told me that by sharing this information, it will inspire others to get involved, to stand up, to take part, to also do great things for humanity.

So this is why I have shared this with you – in the hope that it inspires you to get involved.

https://brownstone.org/articles/my-fight-against-the-quarantine-the-backstory/


11 posted on 09/17/2023 7:55:03 AM PDT by Grampa Dave (Georgia just made Trump’s campaign he with a a-free image winning him nomination!))
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To: george76

Before folks get too excited, I gently suggest they read the 14 page decision, link to be found here...

https://unitingnys.com/lawsuit/

This reads less like a victory and more like a modified limited hangout.


12 posted on 09/17/2023 8:05:15 AM PDT by mewzilla (Never give up; never surrender!)
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To: bigfootbob

‘These bastards need to be defeated at every juncture.’

how...? ridiculing them for their votes certainly isn’t going to get them on your side, which leaves you what, exactly...?

shooting them...


13 posted on 09/17/2023 9:16:07 AM PDT by IrishBrigade
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To: IrishBrigade

Not a bad idea. Seriously though, playing go along to get along has worked so well, right? Meanwhile they continue following Alinsky’s rules to put us in our place.

Turnabout is fair play. It’s a must. “Make the enemy live up to its own book of rules”, “Ridicule, man’s most potent weapon”, “keep the pressure on”, “pick the target, freeze it, personalize it, and polarize it.” These tactics work.

And so do these: https://rulesforantiradicals.com/about-the-book

If you’re following the successes of conservatives in North Carolina, especially Mark Robinson, then buy the above listed book, the author is a big part of the movement.


14 posted on 09/17/2023 10:41:25 AM PDT by bigfootbob (Arm Up and Live Free!)
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To: george76

dang...if Pres. Trump goes to NY for any of his trials, he could have been wished into the cornfield with this regulation...


15 posted on 09/17/2023 11:12:38 AM PDT by stylin19a (The #1 Golf rule you MUST follow: take car keys out of golf bag before throwing it into the creek)
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To: george76
The regulation allowed them to use law enforcement to enforce their orders of isolation or quarantine

Which the brave men in blue gleefully participated in, and threatened with death anyone who would resist their unlawful orders.

16 posted on 09/17/2023 12:27:44 PM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: george76

This article would have been more interesting if she’d actually said what her novel theory of standing was.


17 posted on 09/17/2023 1:22:04 PM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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