Lawyer sues Cuomo over 14-day ‘unconstitutional’ quarantine for out-of-state visitors

A lawyer filed a lawsuit and requested an emergency temporary restraining order against New York Governor Andrew Cuomo on Thursday over new restrictions that require people traveling to the region from states experiencing an increase in coronavirus cases to the quarantine, arguing that it is a “summary” of their right to travel and “unconstitutional”.

California-based attorney Jon Corbett, who maintains properties in Brooklyn, New York, filed a lawsuit in the Southern District of New York on Thursday, on Cuomo’s order that “those who come to New York from states with infection per daily or total “high” capita rates will be subject to mandatory quarantines under penalty of large fines and arrests. “


Corbett was scheduled to travel from New York to Nevada and California within the next week, returning to New York in about two weeks, and questions Cuomo’s order as a “violation of his federal constitutional rights.” At this stage, Cuomo’s order would not apply to either of those two western states, although it is unclear whether the list of states could be expanded.

According to the filing, Corbett states that Cuomo’s order “discourages travel in both directions,” while noting that “it is not clear that the number of active infections in New York would increase at all, as unintentionally infected New Yorkers would be equally probable. ” to go involuntarily infected outside the stadiums would be to arrive. “

Corbett, in the presentation, argued that there are “far less intrusive means by which Cuomo could achieve its stated goal” of containing the new coronavirus.

“The new quarantine order basically seeks to try to protect an area that is already infected with coronavirus so that it does not become infected with coronavirus,” Corbett told Fox News in a telephone interview on Thursday.

“It is a measure that has no chance of success because the cat is already out of the bag,” said Corbett. “If it’s some kind of political retribution for states that have imposed restrictions on New Yorkers, or just the wrong policy, it violates the travel rights of New Yorkers and non-New Yorkers.”

Corbett added that the new restrictions are “a limitation on our right to travel, which, in my opinion, is unconstitutional because it has no real or substantial relationship to the government’s interest in protecting public health.”

Corbett’s lawsuit was filed just a day after Cuomo, New Jersey Governor Phil Murphy, and Connecticut Governor Ned Lamont announced a tripartite joint travel notice imposing a 14-day quarantine on people who travel to the region from states experiencing an increase in COVID-19 cases.

“It is just common sense,” Cuomo said Wednesday. “We don’t want to see the infection rate increase here.”


According to the three governors, people who do not voluntarily quarantine and follow restrictions would be subject to fines of between $ 2,000 and $ 10,000.

Current restrictions apply to South Carolina, North Carolina, Florida, Texas, Alabama, Arkansas, Arizona, Washington, and Utah.

According to Cuomo, the criteria for states that have a high infection rate are 10 infections per 100,000 residents on a seven-day moving average or 10 percent of the state’s total population infected on a seven-day moving average.

Corbett told Fox News that he expects the judge in the Southern District of New York to take action at the end of Friday, noting that the judge could grant or deny the motion, schedule a hearing, or schedule a hearing for a later date. , depending on your interpretation of the “urgency” of the matter.

Cuomo’s office did not immediately respond to Fox News’ request for comment.

As of Thursday, New York reported more than 390,000 positive cases of COVID-19 and more than 24,700 deaths.