On June 24th, New York Governor Andrew Cuomo announced a mandatory 14-day quarantine, under penalty of forcible quarantine and large fines, for anyone entering the state from any of 9 “coronavirus hotspot” states. As you cannot protect a population that is already broadly infected by “quarantine,” I immediately filed suit against this irrational and unconstitutional restriction on our right to travel between the states.
A hearing is scheduled for Thursday at 2 PM on my motion for an emergency temporary restraining order in front of U.S. District Judge Lorna Schofield in the Southern District of New York. But in the meantime, the Governor has doubled-down by expanding his list to a total of 16 states:
AL, AR, AZ, CA, FL, GA, IA, ID, LA, MS, NC, NV, SC, TN, TX, UT.
This list, including the 1st, 2nd, and 3rd most populated states, includes about half the population of the country.
I look forward to seeing Cuomo’s people in court on Thursday. In the meantime, I’ve filed an amended complaint adding details and challenging the allegedly mandatory form that travelers must fill out when crossing the border (see Exhibit B for that one)…
Corbett v. Cuomo – Complaint (First Amended) (.pdf)
Corbett v. Cuomo – Complaint (First Amended), Ex. A (executive order, .pdf)
Corbett v. Cuomo – Complaint (First Amended), Ex. B (incoming traveler form, .pdf)
Professional Troublemaker ® 
Thank you
Wasn’t it Russia that used to limit travel between other parts of Russia?
As pointed out in another article, should other places protect themselves from New York? According to John Hopkins and its tracking map, New York has the largest number of cases both as a State and as a city. Based on that, New York is the threat not other places with lower numbers. As with any infectious disease, I’m not surprised New York is in the spot it is in. It is a high density population which makes transmission of anything infectious spread easily and quickly. What they are doing is not only unconstitutional but it’s also pretty stupid. Given its leadership, I’m not surprised but still.
Thank you for all that you do and we are praying that your hearing tomorrow will have God’s favor. NY Senator Robert Ortt is following your case very closely. He is the former mayor of North Tonawanda, former military and is concerned about military personnel returning to there homes in NY and being subjected to this unconstitutional quarantine.
When is the next hearing? I saw the emergency TRO was denied.
I can’t find the decision in your case. I’m assuming it exists, since a judge in the Northern District mentioned it in his memorandum of law, but never gave a cite.
In Corbett v. Cuomo, U.S. District Judge Lorna Schofield of the Southern District of New York declined to apply the more demanding standard to the plaintiff’s request for preliminary relief from the quarantine requirement, reasoning that the remedy sought by plaintiff would only “prohibit[ ], rather than compel[ ], government action.” Ex. B to Krasnokutski Decl., Dkt. No. 11-3 at 22.
As Corbett noted, courts have rightly criticized this attempt at binary classification, since the distinction between “mandatory” and “prohibitory” injunctive relief usually proves to be more semantic than substantive. Mastrovincenzo v. City of N.Y., 435 F.3d 78, 90 (2d Cir. 2006). However, Corbett did not consider the other reason given for raising the bar to injunctive relief; i.e., whether it would “provide the movant with substantially all of the relief sought and that relief cannot be undone even if the defendant prevails at a trial on the merits.” This latter justification applies to this case, since exempting Page (or others) from the self-quarantine requirement imposed by the Executive Order is not the kind of equitable relief than can be unwound later on in the litigation.
Did you file another lawsuit where a “Krasnokutski” filed a declaration?
How can a judge quote a case without providing even a temporary citation?
Decision in my case was issued orally. I’m not associated with the case you’ve mentioned (Page v. Cuomo, 20-CV-732, N.D.N.Y).
Thanks for the prompt reply. Now I’m even more puzzled, because the judge is referring to specific wording used by Judge Lorna Schofield within a decision in your case which doesn’t even have a temporary citation.
I’m working on completing a complaint and memorandum of law to file against His Lordship, but I’ve never filed in Federal court before. Can I ask you what they wanted in terms of service of process on the governor?
See N.Y. CPLR § 307(2).
Thanks.