Chloe Ramirez
On January 6, Assembly Bill A-416 was up for vote by New York Assemblymen. The bill, introduced by Assemblyman Nick Perry, would authorize the Governor and/or health officials to seize custody of New Yorkers, imprison, and force vaccinate them without due process. This has sparked debates about whether New York state can force people to get vaccinated. While some argue that the bill violates the New York Constitution and robs New Yorkers of their rights, others support vaccine mandates to promote public health and safety.
| Characteristics | Values |
|---|---|
| Bill Name | A-416 |
| Bill Title | An Act To Amend the public health law, in relation to removal of cases, contacts, and carriers of communicable diseases who are potentially dangerous to the public health |
| Bill Sponsor | Assemblyman Nick Perry (District 58) |
| Date of Vote | January 6 |
| Authorizes | Governor and/or health officials to seize custody of New Yorkers, imprison, and force vaccinate them without due process |
| Violates | Right to due process, Right to a trial, New York's constitutional principle of separation of powers, Article 1 sec 5, Article 1 sec 12 |
| Location | New York |
| Scope | State level |
| Mandate | COVID-19 vaccine |
| Mandate Issuer | Bill de Blasio |
| Mandate Issuer Role | Mayor of New York City |
| Mandate Status | Halted by a judge |
| Mandate Applicability | City workers |
| Mandate Applicability | Private sector workers |
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What You'll Learn
- Bill A-416 would allow the Governor to seize and vaccinate New Yorkers without due process
- The bill violates provisions of the New York Constitution, including the right to a trial
- The bill reduces the standard of scrutiny for infringing on fundamental rights
- New York City vaccine mandate for all private-sector workers halted by a judge
- State legislators are considering a bill to require vaccination for in-person college students
Bill A-416 would allow the Governor to seize and vaccinate New Yorkers without due process
On January 6, 2021, New York Assembly members voted on Assembly Bill A-416, also known as "An Act to Amend the public health law, in relation to removal of cases, contacts, and carriers of communicable diseases who are potentially dangerous to public health." The bill would grant Governor Andrew Cuomo and state health officials the authority to seize custody of New Yorkers deemed to be a threat to public health, detain them for up to three business days without a court hearing, and require them to undergo "an appropriate course of treatment, preventative medication or vaccination."
Bill A-416 would allow the Governor or his designated agent to order the "removal" and "detention" of any person deemed to "pose a significant and imminent threat to public health." These individuals are referred to as "carriers" or "contacts" of COVID-19. Once identified by a health department worker, they can be seized and held without a hearing, trial, due process, or bond for an unspecified duration determined by the health department. The bill stipulates that detained individuals "shall not continue to be detained" once the health department determines they are "no longer contagious."
Supporters of the bill argue that it is necessary to address public health emergencies and protect the well-being of New Yorkers. However, critics argue that it violates several provisions of the New York Constitution, including the right to due process and the right to a trial under Article I, Section 1, and Article VI, Section 18a. Additionally, the bill reduces the standard of scrutiny for infringing on fundamental rights to a lower standard of "clear and convincing evidence," determined solely by the Governor or a bureaucrat, which violates the principle of separation of powers.
The potential implications of Bill A-416 have sparked concern among citizens and legal experts. Some have argued that it sets a dangerous precedent by granting the government excessive authority over individuals' liberties and bodily autonomy. There are also worries about the potential for abuse or arbitrary enforcement, especially given the lack of clarity around the criteria for determining when someone poses a threat to public health.
It is worth noting that, in the past, New York City judges have halted similar vaccine mandate bills, such as Bill de Blasio's vaccine mandate for city workers, following protests and legal challenges.
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The bill violates provisions of the New York Constitution, including the right to a trial
Assembly Bill A-416, also known as "An Act To Amend the public health law, in relation to removal of cases, contacts, and carriers of communicable diseases who are potentially dangerous to the public health," has raised concerns among New Yorkers and sparked debates about its potential violation of the state's Constitution. The bill grants the Governor and health officials broad powers to detain and force vaccinations on individuals deemed as "carriers" or "contacts" of COVID-19 without due process. This aspect of the bill has been heavily criticized for disregarding the right to due process and a fair trial, as protected by the New York Constitution.
The bill's critics argue that it removes the fundamental right to due process, as outlined in Article I, Section 1, and Article VI, Section 18a of the New York Constitution. This means that New Yorkers could be seized and forced into custody without a trial or legal representation, which is a direct violation of their constitutional rights. The bill gives the Governor and health officials unprecedented authority to make these decisions unilaterally, bypassing the established legal framework.
Additionally, Assembly Bill A-416 is criticized for reducing the scrutiny standard for infringing on these fundamental rights. Typically, a strict scrutiny standard is applied, requiring a compelling government interest and narrow tailoring. However, the bill lowers this standard to "clear and convincing evidence," which can be determined by the Governor or health department workers. This reduction in scrutiny standards violates the constitutional principle of separation of powers by concentrating decision-making power in the executive branch.
The bill also potentially violates Article 1, Section 5, and Article 1, Section 12 of the New York Constitution, which protect individuals from unreasonable searches and seizures of their property and person. By authorizing the removal and detention of individuals deemed as "carriers" or "contacts" of a communicable disease, the bill could allow for arbitrary searches and seizures without the necessary due process. This aspect of the bill has been criticized as a violation of New Yorkers' inherent rights and civil liberties.
In conclusion, Assembly Bill A-416 has faced strong opposition due to its perceived violations of the New York Constitution. The bill's authorization of seizing and force-vaccinating individuals without due process, including the right to a trial, contradicts multiple provisions of the state's Constitution. The reduction in scrutiny standards and the concentration of power in the executive branch further contribute to the concerns about the bill's constitutionality. As a result, many have advocated for a "no" vote on Assembly Bill A-416 to protect the constitutional rights of New Yorkers.
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The bill reduces the standard of scrutiny for infringing on fundamental rights
Assembly Bill A-416, titled "An Act To Amend the public health law, in relation to removal of cases, contacts, and carriers of communicable diseases who are potentially dangerous to the public health," has raised concerns among New Yorkers and sparked debates about its potential infringement on fundamental rights. The bill, introduced by Assemblyman Nick Perry, aims to grant the Governor and health officials broader authority during health emergencies.
One of the primary concerns with the bill is its potential to violate the due process rights of New Yorkers. The bill allows the Governor or health officials to seize custody of individuals deemed "carriers" or "contacts" of communicable diseases, bypassing the right to a trial and due process as outlined in Article I sec 1 and Article VI Sec 18a of the New York Constitution. This removal of due process protections is concerning and viewed as a threat to the fundamental liberties of the state's residents.
However, the bill's impact on the standard of scrutiny for infringing on fundamental rights is also a significant point of contention. The bill reduces the established standard of strict scrutiny, which is typically required when fundamental rights are at stake. Instead, it introduces a lower threshold of "clear and convincing evidence," which gives the Governor or health officials substantial discretionary power. This reduction in the standard of scrutiny is problematic because it potentially allows the infringement of New Yorkers' rights with less rigorous justification than what is typically required under the strict scrutiny standard.
The shift from strict scrutiny to a lower standard is concerning for several reasons. Firstly, it violates the constitutional principle of separation of powers by concentrating decision-making power in the hands of the executive branch, specifically the Governor or health officials. This concentration of power removes the checks and balances provided by the judicial process, which is intended to protect the rights of citizens. Secondly, the lower standard of "clear and convincing evidence" is subject to individual interpretation by the Governor or health officials, potentially leading to inconsistent and arbitrary applications of the law. This ambiguity in decision-making criteria undermines the predictability and fairness that are essential in upholding citizens' rights.
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New York City vaccine mandate for all private-sector workers halted by a judge
Assembly Bill A-416, which would authorize the Governor and health officials to seize custody of New Yorkers, imprison, and force vaccinate them without due process, was up for vote on January 6. The bill was introduced by Assemblyman Nick Perry (District 58) and titled "An Act To Amend the public health law, in relation to removal of cases, contacts, and carriers of communicable diseases who are potentially dangerous to the public health." This legislation has been criticized for being dehumanizing and for violating multiple sections of the New York Constitution, including the right to due process and the principle of separation of powers.
On December 8, 2021, a NYC judge halted Bill de Blasio's vaccine mandate that had forced all private-sector workers in the city to get the COVID-19 vaccine. This decision came after thousands of municipal workers, including FDNY, NYPD, and DSNY, marched over the Brooklyn Bridge to City Hall in Manhattan on October 25 to protest the mandate. The case against the mandate was brought by Anthony Marciano and represented by attorney Patricia Finn, who has posted anti-vaccine messages on social media. The judge's ruling stated that the mandate exceeded the authority of the President and went beyond addressing administrative and management issues, instead functioning as a regulation of public health, which is not authorized under the Procurement Act.
New York City's COVID-19 vaccine mandate, announced on December 6, 2021, required all workers in public-facing roles or those whose work is in-person to show proof of at least one dose of a COVID-19 vaccine by December 27, 2021, unless exempt for medical or religious reasons. Acceptable proofs of vaccination included a CDC vaccination card or an official immunization record. Employers were responsible for verifying their workers' proof of vaccination and could face fines of up to $1,000 for non-compliance.
Governor Kathy Hochul has also taken steps to protect vaccine access across New York State. On September 6, 2025, she signed an executive order allowing pharmacists in the state to administer COVID-19 vaccinations to anyone who wants a shot. This order was in response to the Trump administration's new limits on inoculations and was intended to be in place for at least 30 days while a long-term legislative solution is developed.
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State legislators are considering a bill to require vaccination for in-person college students
Assembly Bill A-416, or the "New York Health Act", aims to amend the public health law and grant the Governor and health officials broader authority in health emergencies. Specifically, it would allow them to seize custody of individuals deemed "carriers or contacts" of communicable diseases, potentially including COVID-19, and force them to undergo vaccination without due process. This has raised concerns among civil liberties advocates and citizens who believe it infringes on fundamental rights guaranteed by the New York Constitution, such as the right to a trial and protection from unreasonable searches and seizures.
Proponents of the bill argue that it is necessary to protect public health and ensure the safety of the community during health emergencies. They may point to the ongoing COVID-19 pandemic and the importance of vaccination in controlling the spread of the virus. By authorizing the Governor and health officials to take swift action, the bill could potentially save lives and prevent the overwhelming of healthcare systems.
On the other hand, opponents of the bill highlight the potential for abuse of power and the removal of essential checks and balances. They argue that the bill's reduction of scrutiny standards and the determination of "clear and convincing evidence" by a single individual within the executive branch violates the separation of powers principle. Additionally, they contend that referring to New Yorkers as "contacts or carriers" is dehumanizing and goes against the spirit of protecting individual rights during health crises.
The consideration of Assembly Bill A-416 comes at a time when vaccine mandates and public health policies are highly debated topics across the United States. While some states, like New York, consider measures to increase vaccination rates and control communicable diseases, others, like Florida, are moving towards eliminating vaccine mandates, particularly for childhood vaccinations. The debate surrounding these policies often centers around striking a balance between public health needs and individual freedoms, with passionate arguments on both sides.
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Frequently asked questions
No, but Assembly Bill A-416, which was up for a vote on January 6, would have authorized the Governor and health officials to seize and force-vaccinate New Yorkers without due process.
Assembly Bill A-416, also known as "An Act To Amend the public health law, in relation to removal of cases, contacts, and carriers of communicable diseases who are potentially dangerous to the public health," would have amended the authority of the Governor in health emergencies.
Assembly Bill A-416 was not passed.
Yes, there have been vaccine mandates for city workers and private sector workers in New York City, as well as for students at SUNY and CUNY campuses. However, a judge halted the mandate for city workers, and all three of Biden's broad vaccine mandates affecting the private sector have been put on hold by courts.
