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Home Coronavirus NYC Mayor de Blasio Emergency Executive Order #137: COVID-19 Checkpoints

NYC Mayor de Blasio Emergency Executive Order #137: COVID-19 Checkpoints

NYC Mayor Bill de Blasio EMERGENCY EXECUTIVE ORDER NO. 137 establishing COVID-19 traveler registration checkpoints at key entry points into NYC to ensure compliance with NYS travel restrictions

Following the NYC Mayor Bill de Blasio’s announcement concerning COVID-19 checkpoints, created for the sake of enforcing the state’s Travel Advisory Watch-list Quarantine, there would appear his related Executive Order.

Below the following shared posting from Twitter from the NYC Mayor’s Counsel Office, you’ll find images of the document itself followed by the text itself.

August 5, 2020

WHEREAS, on March 7, 2020, New York State Governor Andrew Cuomo declared a State disaster emergency for the entire State of New York to address the threat that COVID-19 poses to the health and welfare of New York residents and visitors; and

WHEREAS, Emergency Executive Order No. 98, issued March 12, 2020 and extended most recently by Emergency Executive Order No. 130, issued July 7, 2020, contains a declaration of a state of emergency in the City of New York due to the threat posed by COVID19 to the health and welfare of City residents, and such declaration remains in effect; and

WHEREAS, this Order is given because of the propensity of the virus to spread personto-person and also because the actions taken to prevent such spread have led to property loss and damage; and

WHEREAS, New Yorkers have made enormous sacrifices to reduce the COVID-19 positivity rate, while other states and territories are experiencing an increase in the rate of daily positive tests for COVID-19 and continued vigilance is necessary to ensure that New York does not see a spike in new cases due to increased community spread caused by COVID-19 positive travelers entering New York City from such states and territories; and

WHEREAS, on June 24, 2020, Governor Cuomo issued Executive Order No. 205, directing the New York State Department of Health (“NYSDOH”) to issue a travel advisory requiring all travelers entering New York State who have recently traveled within a state where, during a seven-day period, the average COVID-19 positive test rate is greater than 10% or the number of daily positive cases exceeds 10 per 100,000 residents, to quarantine for a period of fourteen (14) days from their last contact with such state, consistent with NYSDOH guidelines; and

WHEREAS, NYSDOH has issued such a travel advisory and has designated those states and territories that meet the criteria for required quarantine pursuant to such travel advisory; a list of such states and territories (the “Restricted List”) is available here: https://coronavirus.health.ny,0.ov/covid-19-travd-advisorv, and may be updated from time to time; and

WHEREAS, on June 24, 2020, NYSDOH Commissioner Howard Zucker issued Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State Following Out of State Travel (“NYSDOH Interim Guidance”), describing the requirements imposed by the travel advisory and setting forth exemptions available for essential workers traveling to New York, and such guidance may be updated from time to time; and

WHEREAS, on July 13, 2020, NYSDOH Commissioner Zucker issued an Order for Summary Action (“NYSDOH Order”), directing all travelers subject to Governor Executive Order No. 205 to complete and submit a New York State Traveler Health Form (“Traveler Health Form”); the online version of such form is available here: https://forms.nv. Qov/s3/Welcome-to-New-Y ork-State-Trawler-H cal th-Form; and

WHEREAS, this Order is given in order to effectuate compliance with the Governor’s orders, including Executive Order No. 205, and the NYSDOH Order;

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby direct that checkpoints be established at or near various New York City and New York State boundary crossings in order to educate individuals travelling from restricted states into New York City about their quarantine obligations, pursuant to Governor Executive Order No. 205 and the NYSDOH Order, and ensure compliance with such orders.

§ 2. I hereby direct that, in accordance with the NYSDOH Order, any traveler subject to Governor Executive Order No. 205 shall complete the Traveler Health Form.

§ 3. I hereby direct the New York City Sheriff, and any City agency described in or designated pursuant to section 5 of this Order, to assist in the establishment and administration of checkpoints.

§ 4. I hereby direct the New York City Sheriff, and other City agencies described in or designated pursuant to section 5 of this Order, to provide peace officers, police officers, and special patrolmen for the checkpoints, where they may ask travelers for valid identification and shall:

a. require travelers to complete the Traveler Health Form or show proof that such form has been previously completed; and

b. determine whether a traveler i.) has spent 24 hours in any of the states on the Restricted List, and ii.) is subject to the quarantine requirements of Governor Executive Order No. 205 and NYSDOH Interim Guidance.

§ 5. I hereby direct, in accordance with Executive Law§ 25, that the jurisdiction and special duties of police officers, peace officers, and special patrolman in the Department of Environmental Protection, Taxi and Limousine Commission and other necessary agencies, as may hereafter be designated by the New York City Sheriff, shall include responsibilities in connection with the administration and enforcement of checkpoints established pursuant to this Order.

§ 6. I hereby direct the New York City Sheriff, and other agencies named in or designated by the Sheriff pursuant to this Order to immediately enforce the directives set forth in this Order in accordance with their lawful enforcement authorities. Violations of the directives set forth in this Order may be issued as if they were violations under the New York City Health Code, title 24 Rules of the City ofNew York sections 3.07 and 3.11.

§ 7. This Emergency Executive Order shall take effect immediately, and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.

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