Posted on 04/05/2020 12:16:51 PM PDT by cll
The spokesman for the American Civil Liberties Union of Puerto Rico (ACLU), William Ramírez, announced on Sunday that along with with three citizens, they asked the Court of First Instance (TPI) to declare unconstitutional part of Governor Wanda Vazquez’ executive order, which imposes a curfew, traffic restrictions, and other measures, in response to the COVID-19 coronavirus pandemic.
“A Martial Law has not been declared here, and the circumstances for it do not exist; therefore, states of emergency cannot be used to suspend fundamental rights”, Ramirez said in written statements.
Specifically, the ACLU requests that the TPI declare unconstitutional the part of executive order 2020-029 that establishes the punishment of infractions of the executive order with up to six months in prison, prohibiting access to homes for people who are not part of the “family nucleus"; and that it favors religious activities on Sundays, while prohibiting commercial activities during the rest of the week.
Likewise, the three citizens, who are caretakers for parents with special health needs, also request that the executive order be amended to clarify that they are exempt from the curfew and restrictions on traffic where travel to relatives’ homes is concerned.
In addition, they demand that precise instructions be given to the Police and the Prosecutor's Offices on the existence of this exception. The requests for a declaration of unconstitutionality and amendments to the executive order are contained in a preliminary and permanent request for injunction, which was filed electronically with the Court of First Instance of San Juan.
Along with the ACLU, plaintiffs are Nindra C. Cordero Ulmo, Pedro Colón Almenas, and Professor Mario Santana Ortiz.
The defendants are Governor Vázquez Garced, the Commonwealth of Puerto Rico and the Secretary of Justice, Denisse Longo Quiñones, on behalf of the Governor and the Commonwealth of Puerto Rico.
The mothers of the three plaintiffs are older adults and have health conditions that require special care that they assure only they provide and that require visiting them every day, even at night. Cordero Ulmo's mother has impaired lung capacity, Colón Almenas' mother suffers from diabetes and requires insulin management, and Santana Ortiz's mother suffers from senile dementia and has trouble walking, and an adult son with intellectual disability and other medical conditions.
Specifically, they argued that by mandate of the Constitution of Puerto Rico and the separation of powers that it establishes, only the Legislative Assembly can enact misdemeanors into law, which are those that have a prison term of six months or less. However, in this case, the executive branch, through an executive order from the governor, usurps the powers of the legislature to punish those who violate the curfew provisions and the other restrictions it contains with a six-month prison sentence [or a $5,000.00 fine, or both, at the discretion of the Governor].
"For there to be a crime that entails the loss of liberty, it is necessary that the Legislative Assembly approve a law that details the conduct that is to be prohibited”, they explained. “And, always complying with the due process of law required by the Constitution. In addition, the right to assembly, expression, and privacy, as well as prohibitions on unreasonable searches and the removal of liberty and property without due process of law, prevent the state from regulating who enters a person's home with their authorization. Although the plaintiffs acknowledge that in some cases it might be socially irresponsible for a family to receive guests in these precarious times, the Constitution allows it and the role of the state should be citizen orientation, not prohibition or punishment; and certainly not breaking into the home to determine which of those present are members of a family nucleus.
Particularly in these times, when the recognition of diverse families has expanded. This determination cannot be at the discretion of police officers. On the other hand, the executive order violates the separation of Church and State, guaranteed in the Constitution, by prohibiting on Sundays commercial activities that are allowed by the order during the rest of the week, while churches are allowed that day certain activities. The plaintiffs are not calling for the trade restrictions to be lifted, but for them to continue on Sundays, which is already allowed for the rest of the week, and for the health emergency of the Covid-19 coronavirus not to be used to unconstitutionally favor religious activities over others legitimate activities", said Ramírez.
Puerto Rico's lock down is the first and most severe of the nation. Most people can't earn a living to buy food or even step outside to excercise. We can discuss if justified or not, but this is the first formal action of many from groups that are beginning to push back against this madness.
I have been wondering why the ACLU has not stepped up.
I live in Pennsylvania a few miles from the Delaware line. The DE governor has ordered that residents of other states are not allowed to come to his state except for medical needs or if you are a necessary employee. Even if the grocery store in DE is closer than the one in PA, you are not allowed to enter the state and police are pulling people over.
Basically the Constitution has been suspended and the police state has taken over.
I don’t like how it’s applied uniformly regardless of population density and location. Where I live, I can drive for 10 minutes and be out in the desert where I have literally square miles to myself. But I’m a jerk who is spreading disease if I go do that? Come on. When I saw the govt. order from Utah’s governor, my first reaction was, “Oh, so the governor gets to do an Obama and write his own laws.” Even worse, some areas are using the cops to arrest people? Something needs to be said here.
I’ve heard that in Penn you can’t come over from another state even if you own a house there. What kind of crap is that?
Not that I am aware of but definitely that is what is happening in DE.
I hope the ACLU in all the states, DC, and the territories rise to their original purpose: protection of Civil Rights. Too many Governors think they can make mandatory edicts without any laws to authorize such edicts.
“The DE governor has ordered that residents of other states are not allowed to come to his state except for medical needs or if you are a necessary employee.”
Fake news.
Ten jillion lawyers in the US but none with balls enough to file such a suit here.
Yet another reason to detest 98% of ‘em.
So you think the ACLU is on your side.
Wow...
Other despotic provisions of the Puerto Rico lock down EO:
* She asked the FAA to shut down all airports, but the FAA with pressure from AOPA and other aviation organizations did not go for it. Instead, she’s sending all air arrivals into a mandatory 14 day quarantine.
* Most business cannot operate. Even if they could take care of customers remotely. Initially, it was only businesses and venues where crowds congregated like bars, malls, theaters, etc. But then she insisted that everyone shut down and then ask for permission to open.
* You can only go out to buy food, medicine, or gasoline. Otherwise, you must stay at home.
* From 7:00 PM to 5:00 AM, you can’t be outside at all.
* You cannot have social visits in your home.
* You can only drive a car with a tag that ends in an even number, or a letter, on Mondays, Wednesdays and Fridays. Car tags that end on an odd number, only on Tuesdays, Thursdays and Saturdays. No word on Sundays so today that are a lot of people just crusing around.
* No food sales on Sundays.
* Public parks and beaches closed, not even social distancing excercising or recreation permitted.
* All hardware stores closed, even mom and pops. Can’t fix anything around your house.
There’s a lot more but those are the most ridiculous. All punishable by immediate arrest and up to six months in jail, or a $5,000.00 fine or both.
I know. I was wondering that myself. Why so little pushback?
Reminds me of my college level reading of Eric Fromm’s “Escape from Liberty”.
The spokesman for the American Civil Liberties Union of Puerto Rico (ACLU), William Ramírez, announced on Sunday that along with with three citizens, they asked the Court of First Instance (TPI) to declare unconstitutional part of Governor Wanda Vazquez’ executive order, which imposes a curfew, traffic restrictions, and other measures, in response to the COVID-19 coronavirus pandemic.
Thanks for that cite .. some interesting stuff therein.
willie green?
Choo choo!!!!
I know they are not in my side. Guarantee if President Trump ordered it, they would immediately file suit.
Good for Puerto Rico!
I hope that the govt. follow-up in PR is vigorous contract tracing to isolate and treat all who are ill or positive. If they can successfully do that then the island can resume a lot of it’s ordinary activities so long as it keeps out or quarantines and tests all the people quarantined before they are released. I don’t know if DE is doing that, but it may be fairly easy to isolate, contract trace, and keep out the bug until it dies down elsewhere. PA has over 11,000 cases, DE has under 700 cases.
Nobody expects the Spanish Inquisition.
But if a billionaire’s dog craps on your lawn, they’ll be killing each other to get the case.
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