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Coronavirus Quarantine Rights

Mrs_Esterhouse

Mrs_Esterhouse

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I want to get knowledgeable about this before it possibly happens in the U.S., especially after seeing Italy. What established legal powers does the government or do CDC directives have to mandate on-property or in-home quarantines? Are there arrest powers already established for disobeying a mandatory quarantine?
 
Twiztid said:
https://en.wikipedia.org/wiki/Martial_law_in_the_United_States
Click to expand...
I don't believe that would apply. They aren't going to suspend habeas corpus.

Here is what I found so far:

https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html

Federal Law
The federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution.

Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.

The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC).

Enforcement
If a quarantinable disease is suspected or identified, CDC may issue a federal isolation or quarantine order.

Public health authorities at the federal, state, local, and tribal levels may sometimes seek help from police or other law enforcement officers to enforce a public health order.

U.S. Customs and Border Protection and U.S. Coast Guard officers are authorized to help enforce federal quarantine orders.

Breaking a federal quarantine order is punishable by fines and imprisonment.

Federal law allows the conditional release of persons from quarantine if they comply with medical monitoring and surveillance.

In the rare event that a federal order is issued by CDC, those individuals will be provided with an order for quarantine or isolation. An example of a Quarantine Order for Novel Coronavirus (print-only) pdf icon[PDF – 5 pages] is provided. This document outlines the rationale of the federal order as well as information on where the individual will be located, quarantine requirements including the length of the order, CDC’s legal authority, and information outlining what the individual can expect while under federal order.
 
42 U.S.C.
United States Code, 2011 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part G - Quarantine and Inspection
Sec. 271 - Penalties for violation of quarantine laws
From the U.S. Government Publishing Office, www.gpo.gov

§271. Penalties for violation of quarantine laws
(a) Penalties for persons violating quarantine laws

Any person who violates any regulation prescribed under sections 264 to 266 of this title, or any provision of section 269 of this title or any regulation prescribed thereunder, or who enters or departs from the limits of any quarantine station, ground, or anchorage in disregard of quarantine rules and regulations or without permission of the quarantine officer in charge, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.
 
If it prevents me from driving to work for two weeks I'm all for it!
Actually thought about telling my employer I eat at Canton Waffle House daily so I should stay home out of respect and precaution for my coworkers
41155.jpeg
 
I also found this: https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html

Federal isolation and quarantine are authorized for these communicable diseases:
  • Cholera
  • Diphtheria
  • Infectious tuberculosis
  • Plague
  • Smallpox
  • Yellow fever
  • Viral hemorrhagic fevers
  • Severe acute respiratory syndromes
  • Flu that can cause a pandemic
Federal isolation and quarantine are authorized by Executive Order of the President. The President can revise this list by Executive Order.
 
Mrs_Esterhouse said:
42 U.S.C.
United States Code, 2011 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part G - Quarantine and Inspection
Sec. 271 - Penalties for violation of quarantine laws
From the U.S. Government Publishing Office, www.gpo.gov

§271. Penalties for violation of quarantine laws
(a) Penalties for persons violating quarantine laws

Any person who violates any regulation prescribed under sections 264 to 266 of this title, or any provision of section 269 of this title or any regulation prescribed thereunder, or who enters or departs from the limits of any quarantine station, ground, or anchorage in disregard of quarantine rules and regulations or without permission of the quarantine officer in charge, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.
Click to expand...
So it would be a misdemeanor then, endanger who knows how many folks and it's slap on the wrist. Good info though.
 
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