State Quarantine and Isolation Statutes

National Conference of State Legislatures ^ | February 27, 2020 | N/A

[DoodleBob]

Public health quarantine and isolation are legal authorities that may be, but rarely are, implemented to prevent the spread of communicable diseases. Ill people may be isolated to protect the public by preventing exposure to infected people. Quarantine may be used to restrict the movement of well people who may have been exposed to a communicable disease until it can be determined if they're ill. This could include people who have a communicable disease but do not know it or those who may have the disease because of close contact with ill people but do not show symptoms.

State and local governments are primarily responsible for maintaining public health and controlling the spread of diseases within state borders. Among other state public health emergency preparedness powers, every state, the District of Columbia and most territories have laws authorizing quarantine and isolation, usually through the state’s health authority. The federal government has authority as well, through the Centers for Disease Control and Prevention (CDC), to monitor and respond to the spread of communicable diseases across national or state borders, or if the state government is unwilling or unable to effectively respond.

The CDC's authority to exercise quarantine and isolation powers for specific diseases derives from the federal Public Health Service Act and most recently, a series of presidential executive orders. Under these orders, federal quarantine and isolation powers currently apply to the following diseases: cholera; diphtheria; infectious tuberculosis; plague; smallpox; yellow fever; viral hemorrhagic fevers; influenza caused by new or reemergent flu viruses that are causing, or have the potential to cause, a pandemic; and severe acute respiratory syndromes (which may include COVID-19). On Jan. 31, 2020, President Donald Trump released a proclamation in response to the COVID-19 outbreaks suspending certain entry into the United States, specifically outlining...quarantine where appropriate.

[SanchoP]

The use of quarantine or isolation powers may create sensitive issues related to civil liberties. Individuals have rights to due process of law, and generally, isolation or quarantine must be carried out in the least restrictive setting necessary to maintain public health.

Step #1: Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law

[Yogafist]

That “least restrictive” part is going to be interesting to watch. Deeming a business “non essential” and forcing them to close their doors and out of business just doesn’t sound like least restrictive. There is another part in there that they can’t prohibit protests.

[Mariner]

“Individuals have rights to due process of law”

Governments from your local municipality, county, state and the feds have enormous powers under public health laws.

And while citizens maintain rights to due process, getting a court date usually has to wait until after the “emergency”.

Right or wrong. Legal or not.

So yeah, you can sue to overturn or modify these orders. But your day in court will be past the date the suit is moot. But you cannot sue for damages in all but the most egregious of cases...with you having to prove some criminal action and or intent.

Sovereign immunity protects from civil suit damages.

Most of these laws have been on the books for over a hundred years.

Almost none have been recently tested.

[SanchoP]

I agree. Think of it as the first step in a process.

[Truthoverpower]

Trump declared a national emergency

Once thats declared everything else is legal

At some point though they have to actually declare martial law