NEW York Gov. Andrew Cuomo could kick out or lock up anyone suspected of being infected with coronavirus or other contagious diseases if a contentious bill passes.
Democrat Nick Perry has been accused of targeting sick people and infringing on constitutional freedoms by trying to beef up the state's public health law.
According to New York State Senate documents, his Assembly Bill A416 has been officially read once and already referred to the Committee on Health.
In it, Mr Perry vies to "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."
If given the green light, permission would be granted to the state's governorto order the removal and/or detention of any person suspected of carrying a contagious disease.
That person would be “detained in a medical facility or other appropriate facility or premises designated by the governor", including those battling coronavirus.
'PRIVACY VIOLATION'
However, Cody Anderson, chair of the Libertarian Party of New York, mocked the legal push, and urged lawmakers to reject it.
The party points out in a statement that the proposed bill specifies no timeframe, location or criteria to end any detention of a sick person.
Instead, the vague wording means it would be left "to the discretion of the governor".
Mr Anderson said: “Let’s put aside for a moment the egregious privacy violation in issuing an order announcing an individual to be a health risk.
“This bill offers a clear and direct path to unconstitutional and indefinite detainment, on the governor’s sole authority.
"No US state was ever meant to have a single person acting as judge and jury, without checks or balances.
"If this bill is allowed to pass, that is exactly what New York will have.”
He warned also: “We once again demand that legislative leaders be principled when they claim 'My body, my choice' – they must not pick and choose.”
But Assemblyman Nick Perry tweeted that he was "open to amendments" after being subjected to 'racial' taunts, and 'threats' in the wake of publicity over his bill.
He said on Twitter that the bill was "initially introduced to address public health concerns related to the containment of the Ebola virus after it was discovered that Ebola-infected persons had entered the US.
"There is no intent, no plan, or provisions in my bill to take away, or violate any rights or liberties that all Americans are entitled to under our constitution, either state or federal."
The Democrat urged people to "read the bill carefully, and not accept grossly misinformed and misrepresented interpretations of this bill, even though some provisions may be applicable to the current Covid-19 pandemic.
"Bear in mind also that the Ebola virus raged through many African countries before it was contained, and meant almost certain death to anyone who contracted the virus.
"I am convinced that most smart Americans, faced with the deadly consequences of having a person who is a carrier of a very deadly virus roaming freely through any community, would support public action to contain such a person from contaminating and potentially bringing certain death to persons they have contact with.
"The bill hasn't been pushed for passage because the Ebola threat was ended thanks to a vaccine.
"However, many learned scientists believe that the likelihood of such a deadly pandemic is still real.
"And somewhere in the future there may be the need for people to be protected from a person or persons carrying a very deadly and transmittable virus.
"This bill is designed to ensure that our government could lawfully act to protect all the people."
What does the New York State Assembly Bill A416 say?
The long-winded bill has been read once and referred to the Committee on Health.
It reads: "Upon determining by clear and convincing evidence that the health of others is or may be endangered by a case, contact or carrier, or suspected case, contact or carrier of a contagious disease that, in the opinion of the governor, after consultation with the commissioner, may pose 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.
"Such person or group of persons shall be detained in a medical facility or other appropriate facility or premises designated by the governor or his or her delegee."
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