General Question

elbanditoroso's avatar

How long will it be before someone who is forcefully quarantined (like that neighborhood north of NYC) sues on behalf his constitutional rights?

Asked by elbanditoroso (33226points) March 12th, 2020

Losing down suburbs seems like a potential constitutional mess.

New Rochelle, NY

Observing members: 0 Composing members: 0

28 Answers

gorillapaws's avatar

Here’s a video by a lawyer that discusses this topic. In short, yes the government does have the authority to quarantine people.

JLeslie's avatar

Are they literally under the threat of arrest? Or, just asked to comply? I feel like the national guard is there to help, not arrest people.

What happened in this community? Did someone knowing they were sick go to temple? That’s what happened in South Korea. A very religious woman went to her place of worship more than once when she was sick and got a lot of people sick.

jca2's avatar

New Rochelle NY is about five miles from my job.

Nobody is forcefully quarantined there. The National Guard has made a containment area, as they are calling it, is to clean the schools and other areas. Nobody is contained. Workers and residents and anybody else can come and go as they please.

jca2's avatar

@JLeslie: The attorney who started the virus in the County lives in New Rochelle. That seems to be the epicenter in the area.

SEKA's avatar

The government has set itself up to have any power that it wants at any given time. Once people start freaking out, our cell phones will suddenly have glitches regularly. They suspended trading the other day during the market freakout until they could get everybody back in line

JLeslie's avatar

Trading is suspended right now. 15 minutes. It’s automatic.

JLeslie's avatar

Sorry for another post. I think technically, in medical terms, sick patients are “isolated” and they can’t interact with others. Quarantine probably is a lighter term. Maybe there are different levels or various definitions of quarantine, I don’t know.

The US right now is trying to slow transmission. We/they don’t believe it can be completely contained. The big fear is hospitals not being able to handle the patient volume if it spreads too fast.

jca2's avatar

My coworker was saying probably the best time to get the virus is right now, before the hospitals are overwhelmed with people. Good point.

MrGrimm888's avatar

I’m unsure of how they deal with people, who don’t comply. You can’t just throw them, in the local jail. That defeats, the point of a quarantine. It could potentially spread the virus, to the entire jail. I think such a move, would violate the few rights that inmates have…

Many, could probably get litigious. But. I have no idea what the outcomes, would be…

jca2's avatar

@MrGrimm888: Nobody is quarantined in that area.

As far as people in their own houses, they would have to post a cop outside someone’s door 24/7 to ensure that nobody is leaving the house. There’s not enough personnel to post cops outside people’s doors, so any residential quarantine is voluntary.

At work, we were saying hypothetically that nobody would stay home for 14 days. People would tend to want to go out for some reason or other. Of course, some might but many won’t.

JLeslie's avatar

I just heard from my husband and Nashville closed schools and so a lot of people are working from home because their children are home. His company is telling all employees to take their laptops home every night.

I spoke to Italian relatives and friends and other parts of Europe and they are avoiding crowded places etc.

MrGrimm888's avatar

Yeah. It’s a difficult situation.
There are no easy answers.

We have to assume that law enforcement, hospital workers, and pretty much anyone who could help, will also become infected. Further limiting our response, to the virus…

JLeslie's avatar

It would help if we knew if people were immune once they’ve had it. I think it’s likely we do develop immunity, but they are saying they don’t know. Then medical workers who go through the illness become able to help sick people once they get better without worry.

jca2's avatar

As far as the actual question goes, someone’s Constitutional rights, I wonder what the individual’s rights are when it comes to a national emergency like this health crisis.

filmfann's avatar

When I got off the bus that brought my to Travis AFB from the Grand Princess, the first thing… the first thing I was handed was legal papers showing they had the authority to quarantine me.

JLeslie's avatar

^^Interesting. Some people are freaking out that this is just another step for Trump to turn the country into a military state.

raum's avatar

@filmfann How did everyone take that?

Zaku's avatar

This has already been done. For example, this case in 2016 which was successful.

JLeslie's avatar

I’m pretty sure we did quarantines during polio in the early 1900’s. I know people self quarantined to avoid catching it. I know people who remember as children not being able to play with friends. I assume the government in some ways was isolating people too.

SEKA's avatar

Sick patients are isolated & presumptive patients are quarantined until it can be determined whether or not they will become sick

Sagacious's avatar

That quarantine doesn’t rise to offend the Constitution.

Sagacious's avatar

@JLeslie The Guard is there disinfecting schools and other buildings…I just heard that on the news. I presume we are talking about the same town.

JLeslie's avatar

^^That’s good too.

jca2's avatar

American officials are considering further containment measures. Read on:

https://www.nytimes.com/2020/03/13/world/coronavirus-news.html#link-213dadc

Cut and pasted from link above: In Washington State, where more than 30 people have died from the virus, more than anywhere else in the country, public health officials have escalated through most of a 13-step strategy checklist for controlling infectious outbreaks and now have only a few remaining options: closing workplaces, restricting people to their homes and cordoning off targeted areas to help control the spread of infection, measures that have already been put in place in other parts of the world.

MrGrimm888's avatar

^Their going to lock the US down. Our known infection rates, are on pace with Italy, just a week’s difference…

It could be worse. But. We don’t have the testing equipment…

When we get proper testing, some tough decisions will have to be made…

elbanditoroso's avatar

@MrGrimm888 @jca2 and then Trump can call out the army and turns us into the right wing martial law state the republicans have always wanted.

jca2's avatar

@elbanditoroso: I guess if there’s no vaccine, and no other way to combat the virus right now than forcing people to stay away from each other and public places, government is open to suggestions as to other ways to combat it.

MrGrimm888's avatar

Most corporations.will take a hit, but be fine overall. If I lose any more work, I’ll have to choose which bills to pay. What do I need more water, or electricity?

What medication, can I do without for a while?

I have to prioritize rent. I’ve already figured that WiFi, is not going to be in my budget. Food, will have to be cheap. I’ll have to walk, way more.

Everything, is already slowing down. All of my jobs, rely on business. It’s going to be tough sledding, until something positive happens…

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