Every school, as identified by the Commissioner must report daily to the Department of Health. The reports go beyond positive cases though. The Commissioner may, in her discretion, require routine COVID-19 testing in schools regardless of vaccination status. Yet, the schools targeted for testing, can exempt students from testing if they show proof of full vaccination. The regulation empowers the Commissioner "to issue determinations requiring the immediate implementation of heightened COVID-19 testing protocols for [schools]." The Commissioner reasons that " Regular COVID-19 testing enables the immediate identification of COVID-19-positive individuals, even if they are not symptomatic, so that they can isolate and prevent further transmission. Additionally, the reporting of positive COVID-19 test results to public health authorities facilitates the rapid initiation of contact tracing to ensure close contacts are quarantined, tested, and isolated as needed." Furthermore, outside laboratories will be brought in to conduct these tests. Some testing sites will be off school grounds, while others will be implemented in school.

First, our children will be tested without our consent. Second, the Commissioner has no legal basis to wield such power. But beyond that, essentially, the Commissioner is going to place gigantic burdens on our school districts to comply with daily testing. Based on the lessons learned in the last several months, the Commissioner will not select schools based on any established criteria, rather she will indiscriminately target as many schools as possible. Our children will randomly get tested, without our consent, every single day. Then the Commissioner will preemptively force quarantines. Any kid who tests positive, irrespective of symptoms, regardless of vaccination status, will be quarantined. And other children in contact with them will be forced to quarantine as well. But schools may exempt vaccinated children from being tested in the first place. Ultimately, the Commissioner will exert so much pressure put on our schools and children that getting vaccinated will become an easy choice.

The 2019 COVID-19 virus: "The 2019 Coronavirus (COVID-19) is a disease that causes mild to severe respiratory symptoms, including fever, cough, and difficulty breathing. People infected with COVID-19 have had symptoms ranging from those that are substantially similar to a common cold to severe pneumonia requiring medical care in a general hospital and can be fatal, with a disproportionate risk of severe illness for older adults and/or those who have serious underlying medical conditions" So why are children being targeted? In addition, the Delta Variant from June, caused a surge in cases. That's it ladies and gentlemen. This is the emergency the Commissioner is using to justify forcing our children to be arbitrarily, tested, 2 years after the virus hit our shores. No, it does not make sense.

Further the Commissioner stated that "It is important for the Department to monitor COVID-19 testing and positive reports in schools, given the number of students that are currently unvaccinated. Children ages 5 through 11 years old were only recently authorized by the U.S. Food and Drug Administration (FDA) to receive COVID-19 vaccinations. For those in the 12-17 age group, the CDC data estimates that 70.2% of this population has been vaccinated in New York State, with 61.6% in this age group completing a COVID-19 vaccine series." 70.2% is not high enough. They want 100% vaccination.

The legal problems with this regulation and the ones preceding it are far too great to go into now. But the executive branch is swallowing up power exponentially. And with it, our entire democracy. Sure, our school districts can say no; after all these determinations are not constitutional. They violate the separation of powers and directly contravene the constitution and stautory authority delegated by the legislature. But will they say no? I wouldn't count on it. The same law firm represents most of the school districts on the Island. There is absolutely no circumstance in which these lawyers, will advise our schools to actually follow the constitution. Instead, they will cover their asses. It's an easy choice from their perspective. They don't represent us. By the way the firm is Ingerman Smith LLP. Visit their site to see how many school districts they represent. They are like turtles, it's in their best interest to hide in their shells. They're not courtroom lawyers. Then our schools are put in a tough situation, because they have to cover their asses too. Argue with your school board until you are blue in the face. Nothing will change.

The reason we are here is, in part, because we allowed it to get this far. Look at this situation. An advisory committee called the Public Health Council, is running our lives and institutions. They are a board within the Department of Health, that answers to the Commissioner. But they have the power to make rules in the state sanitary code. Which is where these emergency regulations end up. And all these agencies operate within the executive branch. They are administrative, like the DMV, and every other administrative agency.

For the last two years we have been governed by one branch of government. Mandates? Directives? Orders? Determinations forcing masks on our children? On us? Not by laws through our elected officials. Not by any process we’re involved in. Does this sound like a government of the people, by the people, for the people? Does this sound like a government with three, separate co-equal branches of government? Does this seem like democracy? No. It’s what the constitution was designed to prevent. Bureaucrats are controlling our lives outside of the law making process and the representative democracy which makes us a nation of free men and women.

I filed a lawsuit challenging these mandates yesterday in Nassau County Supreme Court. The lead Petitioner is Michael Demetriou. We sued the State on behalf of all of you and your children. In addition, dozens of other parents joined as Petitioners. If the Governor gets away with this, then it's the beginning of the end. The executive branch will have uncontrolled power to govern our lives. Think of all the administrative agencies we have to deal with in our daily lives. This affects all of us. We will loose everything. I might be a scrappy, skilled, trial lawyer; but I am just one person. In August I had no idea about the administrative rule making process. I did not even know there was a law governing the process. I had no clue about the sanitary code or the public health law either. But I stepped up and learned it. I now know it like the back of my hand. If you are the patriot I believe you are, then STAND UP. Donate Now so I can mount the defense necessary to restore the balance of power, and free our children.