A federal judge in Utica, New York has tossed out a lawsuit filed by a women from Arizona who claimed New York state’s 14 day travellers quarantine infringed on her rights to travel. This is the second such case whereby a US judge and ruled against those challenging the authority of a state to enforce quarantine rules for outside travellers.
David Hurd, who sites on the U.S. District Court in New York became the second judge to dismiss cases that challenge the orders put in place in June by New York’s governor, Andrew Cuomo. The quarantine order currently impacts those who are visiting New York state from 31 states. This includes Arizona as well as others such as the Virgin Islands and Puerto Rico.
The women in question, Cynthia Page made the claim in her lawsuit filing that the order stopped her unfairly from being able to visit her friends in Brooklyn and assist them with preparing to sell their home. Paige made the assertion that the order made the trip an impossibility and that this continues to be upsetting to her and the other parties she intended to help.
Hurd dismissed lawsuit based on fact
Hurd, while dismissing the lawsuit stated that those from those states restricted by the order are welcome to visit the state of New York. However, in order to move freely within the state, that they have to quarantine for the stated period. This includes residents of the state who were absent for a period of time and those who are classified as non-residents.
On learning of the dismissal, Page states her intent to appeal the decision. She further told The New York Post that she felt Hurd was thoughtful in his handling of the dismissal but that she feels he was wrong stating: “Judge Hurd has responded out of the fear of the pandemic but has ignored basic constitutional law.”
The United States continues to deal with an unprecedented number of COVID-19 cases and the need for caution and self quarantine remain critical for the United States to get the spread of the virus under control. There have been countless reports of demonstrations against such orders, which are often fueled by misinformation, often at the hands of officials who are focused on the economy.
Whether Page will move ahead with an appeal is unknown at this time. It is unknown if Hurd will hear the case should it the motion to appeal be made or whether it will be put int the hands of another U.S. District Court judge.