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Coronavirus Quarantine Rights

I would think you would be negligible... I think it would be hard to prove you were the person who exposed CV to a patron or business...

Not sure -- with so few cases of ordered self-quarantine tracking it back isn't hard. Plus its not like you need hard data to sue for damages.. Plus, just think how made you would be if your kid was at the dance.

https://www.nbcnews.com/news/us-new...quarantine-took-other-daughter-dance-n1153586
Father of coronavirus patient broke quarantine and took other daughter to dance
 
I think law enforcement could be just a portion of your problems. Imagine if you were determined to to have COVID-19 and told to self quarantine and you ignored that order. Subsequently, people you come in contact with also catch the virus and maybe one dies and a business you visited spends big bucks sanitizing the location but patrons never return. Would you be liable for negligently exposing these people?

If not, you should be...

That being said, I think this will be a moot point here in the US. there's so many different paths that there's no way a quarantine would work here. By the time it could be enforced, it would already be too widespread to contain.
 
If it is like many other offenses, they will hit you with multiple counts, with penalties for each count.

If they want to nail you, they will.
 
Thing is, this shouldn't even have to be a law. What ever happened to rational thought and common decency? If you are sick stay the hell home. Don't go out and cough on everyone. During pandemic stay the hell home. It's not that hard. The yin to the yang of liberty is personal responsibility. Without that liberty doesn't work. We can't all act like spoiled children and then get pissed when society demands or allows government to step in and make us act like responsible adults. Damn. We aren't losing our liberty due solely to ambitious bad government. Some of that crap is on us as a society. Not that I will ever accept living under the gov thumb despite the dumbasses in society but the more stupid society gets the more I understand the other sides justification even if I don't agree. Bernie said a rare truthful statement the other day. "We are winning the generational debate" he said. And he isn't wrong. The new generation is growing up with a level of irresponsible stupidity that lends a lot of credence to strong government control. You don't want that **** to happen we all need to start acting like rational adults. Stat.
 
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?
Here you go. The complete Georgia judicial guide to a pandemic.

https://georgiacourts.gov/wp-content/uploads/2019/09/Pandemic-Bench-Guide-Final.pdf

"SECTION 1 – BENCH GUIDE Instead of providing specific conditions for when a court can order that an individual be quarantined, Georgia law delegates general authority to order quarantines to the DPH and all county boards of health and/or, in the event of a “public health emergency,” to the Governor. 1. Department of Public Health DPH may “solate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man. GA. CODE ANN. § 31-2A4(4) (2018). Additionally, DPH may “solate persons infected with communicable diseases or conditions likely to endanger the health of others, until they are found to be free of the infectious agent or disease” and “[q]uarantine persons exposed to, or reasonably suspected of having been exposed to, a communicable disease, until they are found to be free of the infectious agent or disease.” Rules and Regulations of the State of Georgia, r. 511-9-1-.03(2) (2018). 2. Health Boards “The department and all county boards of health may . . . require quarantine or surveillance of carriers of disease and persons exposed to, or suspected of being infected with, infectious disease until they are found to be free of the infectious agent or disease in question.” GA. CODE ANN. § 31-12-4 (2018)(noting that in the case of a declaration of a public health emergency, the DPH shall promulgate appropriate rules and regulations for implementation of this code section). Additionally, District Health Directors of county boards of health may “solate suspected infected persons with communicable diseases or conditions likely to endanger the health of others until they are found free of the infectious agent or SECTION Quarantine 1.3 A. Under what circumstances may individuals be ordered quarantined? 23 diseases.” Rules and Regulations of the State of Georgia, r. 511-9-1-.04(2) (2018). District Health Directors, upon consultation with the Commissioner of DPH, may issue orders for isolation or quarantine in writing, or orally when delay in imposing the isolation or quarantine would pose a serious imminent danger to public health. Rules and Regulations of the State of Georgia, r. 511-9-1-.05(1) (2018). Orders for isolation or quarantine shall include the following: a) Full name and address of person or description of the group subject to the order. b) The clinical grounds for believing that the individual or group is infected with, or may have been exposed to, a communicable disease. c) The location where the individual or group will be confined during the period of isolation or quarantine d) The exact date and time when the period of isolation or quarantine will expire. If it is not possible to fix an exact date, then the order should specify the conditions or circumstances under which the individual or group would no longer pose a threat to the public health and confinement would end (e.g., the disappearance or absence of specified clinical symptoms.) e) The conditions under which the individual or group will be isolated or quarantined. f) Notice of right to challenge the isolation or quarantine. Rules and Regulations of the State of Georgia, r. 511-9-1-.05(1) (2018). Isolation and quarantine orders not issued during a public health emergency may be appealed to DPH in accordance with O.C.G.A. § 31-5-3(a). Rules and Regulations of the State of Georgia, r. 511-9-1-.05(2) (2018). 3. Emergency Powers of Governor “In the event of an actual or impending emergency or disaster of natural or human origin, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists.” GA. CODE ANN. § 38-3-51(a) (2018). Following that declaration, the Governor has a wide array of emergency powers, including the power to order quarantines. GA. CODE ANN. § 38-3-51 (2018), see also GA. CODE ANN. § 38-3-22(2018) (outlining the governor’s emergency management powers and duties). Though O.C.G.A. § 38-3-51 does not expressly permit the governor to order quarantines, it does provide the governor the ability “[t]o perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population.” GA. CODE ANN. § 38-3-51(c)(4). Further, by specifically providing for the “due process procedures…applicable to any quarantine…program instituted 24 pursuant to a declaration of a public health emergency,” the statue contemplates the governor’s ability to order quarantines. Id. at (i)(2). See also Hickox v. Christie, 205 F. Supp. 3d 579, 603-04 (D.N.J. 2016) (§ 1983 claims against New Jersey Governor for quarantine of nurse dismissed based on qualified immunity but motion to dismiss state law claims denied). In addition to these general powers, in the case of tuberculosis, Georgia law specifically requires the county board of health or the DPH to institute proceedings by petition for commitment. GA. CODE ANN. § 31-14-2 (2018). This requirement attaches only when the following conditions are met: (1) the county board or department of public health has evidence that a person has T.B. and is violating the county or department’s rules and regulations; (2) the county board/department has directed that person to comply with its rules; (3) the person presents a “substantial risk of exposing other persons.” Id. See question A. Because Georgia law provides for general authority, it appears the procedure, for the most part, is left to the normal operation of health boards and the Governor. However, for emergency declarations by the Governor and for tuberculosis commitment proceedings, there are specific procedures and protections for due process. 1. Filing of a Petition Tuberculosis. “[T]he county board of health or the department shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides or, if such person is a nonresident or has no fixed place of abode, in the county wherein such person may be found. The petition executed under oath shall state the specific evidence supporting the allegations, that the evidence has existed within the preceding 30 days, that the person named therein has active tuberculosis and is violating the rules and regulations …. The petition must be accompanied by a certificate of a physician stating that the physician knows or suspects that the person named therein may have active tuberculosis, the evidence which forms the basis of this opinion, and whether a full evaluation of the person is necessary.” GA. CODE ANN. § 31-14-2 (2018). B. What must be proven to obtain a court ordered quarantine? C.What is the procedure of obtaining a court order for quarantine? 25 2. Jurisdiction Emergency Powers of Governor. “An individual or a class may challenge the [quarantine order instituted pursuant to a public health emergency] before any available judge of the superior courts in the county where the individual or a member of the class resides or in Fulton County. Such judge, upon attestation of the exigency of the circumstances, may proceed ex parte with respect to the state or may appoint counsel to represent the interests of the state or other unrepresented parties.” GA. CODE ANN. § 38-3-51(i)(2)(C) (2018). Tuberculosis. “[T]he county board of health or the department shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides or, if such person is a nonresident or has no fixed place of abode, in the county wherein such person may be found.” GA. CODE ANN. § 31-14-2 (2018). 3. Venue See above. 4. Service and Notice Tuberculosis. “The court shall serve personal notice of the hearing upon the person named in the petition and upon the petitioner. The notice required by this Code section shall include the time and place of the hearing; notice of the person’s right to counsel, that the person may apply for court appointed counsel if the person cannot afford counsel; and notice that the person may waive his or her rights to a hearing under this Code section. A copy of the petition and physician’s certificate filed under Code Section 31-14-2 shall be attached to the notice.” GA. CODE ANN. § 31-14-3(a) (2018). 5. Hearings a. Burden and Standard of Proof Emergency Powers of Governor. “An order imposing a quarantine or a vaccination program may be appealed but shall not be stayed during the pendency of the challenge. The burden of proof shall be on the state to demonstrate that there exists a substantial risk of exposing other persons to imminent danger. With respect to vaccination, the state’s burden shall be met by clear and convincing evidence. With respect to quarantine, the state’s burden of proof shall be met by a preponderance of the evidence.” GA. CODE ANN. § 38-3-51(i)(2)(B) (2018). Tuberculosis. “The burden of proof shall be upon the party seeking commitment of the defendant. The standard of proof shall be by clear and convincing evidence.” GA. CODE ANN. § 31-14-3(b) (2018). 26 b. Right to Counsel Emergency Powers of Governor. “Consonant with maintenance of appropriate quarantine rules, the department shall permit access to counsel in person or by such other means as practicable that do not threaten the integrity of the quarantine.” GA. CODE ANN. § 38-3-51(i)(2)(A) (2018). Tuberculosis. “The person named as defendant shall be provided with the opportunity for the assistance of counsel. If the defendant cannot afford counsel, the court shall appoint counsel for the defendant or the hearing examiner shall request that the court appoint such counsel; provided, however, that the defendant shall have the right to refuse in writing appointment of counsel.” GA. CODE ANN. § 31-14-3(b) (2018). c. Conduct of the Hearing Emergency Powers of Governor. “The judge hearing the matter may consolidate a multiplicity of cases or, on the motion of a party or of the court, proceed to determine the interests of a class or classes. The rules of evidence applicable to civil cases shall be applied to the fullest extent practicable taking into account the circumstances of the emergency. All parties shall have the right to subpoena and cross-examine witnesses, but in enforcement of its subpoena powers the court shall take into account the circumstances of the emergency. All proceedings shall be transcribed to the extent practicable.” GA. CODE ANN. § 38-3-51(i)(2)(C) (2018). Tuberculosis. “A full and fair hearing shall mean a proceeding before a hearing examiner under Code Section 31-14-8.1 or before the superior court in a proceeding under subsection (a) of this Code section. The hearing may be held in a regular court room or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter … Both parties shall have the right to confront and crossexamine witnesses, to offer evidence, and to subpoena witnesses. Both parties shall have the right to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases, except as otherwise provided for in this chapter … At the request of the defendant, the public may be excluded from the hearing. The defendant may waive his or her right to be present at the hearing. The reason for the action of the court or the hearing examiner in excluding the public or permitting the hearing to proceed in the defendant's absence shall be reflected in the record.” GA. CODE ANN. § 31-14-3(b) (2018). Emergency Powers of Governor. “The judge hearing the matter may enter an appropriate order upholding or suspending the quarantine or vaccination order. With respect to D.What remedies are available to the Court? 27 vaccination, the order may be applicable on notice to the department or its agents administering the vaccination, or otherwise in the court's discretion. With respect to quarantines, the order shall be automatically stayed for 48 hours.” GA. CODE ANN. § 38-3- 51(i)(2)(D) (2018). Tuberculosis. “Upon the hearing set in the order, if the court finds that the person has active tuberculosis, is violating the rules and regulations promulgated by the department or the orders issued by the county board of health after having been directed by the county board of health or the department to comply with such rules, regulations, or orders, presents a substantial risk of exposing other persons to an imminent danger of infection, and there is no less restrictive available alternative to involuntary treatment at a hospital or facility approved by the department for the care of tubercular patients, then the court shall issue an order committing the defendant to the custody of the sheriff of the county or the sheriff's deputies to be delivered to the designated hospital or facility, where the defendant shall be admitted for care and treatment not to exceed two years. If the court does not find that the above standards are met, then the court shall dismiss the petition and the defendant shall be released from custody if taken into custody pursuant to Code Section 31-14-5.” GA. CODE ANN. § 31-14-7(a) (2018). 1. Prosecution See above. 2. Contempt Tuberculosis. “A copy of the petition and order shall be served on the person named in the petition. Any failure of such person to comply with the order or with the notice by the persons appointed therein to make examination shall be enforceable by attachment for contempt.” GA. CODE ANN. § 31-14-4 (2018). Tuberculosis. “Where a danger exists that the person named in the petition may abscond or conceal himself or herself or where the person is conducting himself or herself so as to present a substantial risk of exposing other persons to an imminent danger of infection, the court may, as a part of the order made pursuant to Code Section 31-14-3, direct the sheriff or the sheriff's deputies to take such person into custody pending hearing and impose such confinement as will not endanger other persons. An affidavit shall be attached to the petition containing the specific facts supporting the need for custody pending hearing.” GA. CODE ANN. § 31-14-5 (2018). E. What enforcement mechanisms are available to the Court? F. May the Court Order Pre-Hearing Detention? 28 Emergency Powers of Governor. “Filing fees shall be waived and all costs borne by the state.” GA. CODE ANN. § 38-3-51(i)(2)(C) (2018). “Filing feels for appeal shall be waived, all costs shall be borne by the state, and such appeals shall be heard expeditiously.” GA. CODE ANN. § 38-3-51(i)(2)(E) (2018). Tuberculosis. “All court costs incurred in proceedings under this chapter, including costs of examinations required by order of court but excluding any examinations procured by the person named in the petition, shall be borne by the county wherein the proceedings are brought. The fee to be paid to an attorney appointed under this Code section to represent a person who cannot afford counsel shall be paid by the county board of health instituting proceedings for commitment.” GA. CODE ANN. § 31-14-3(a) (218)."
 
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?
Read up on the power of FEMA and what they did during the depression. Do that and you will want to go off grid.
 
I think law enforcement could be just a portion of your problems. Imagine if you were determined to to have COVID-19 and told to self quarantine and you ignored that order. Subsequently, people you come in contact with also catch the virus and maybe one dies and a business you visited spends big bucks sanitizing the location but patrons never return. Would you be liable for negligently exposing these people?

I believe there were some instances of that happening in the early years of AIDS....don't remember the final outcome.
 
Thing is, this shouldn't even have to be a law. What ever happened to rational thought and common decency? If you are sick stay the hell home. Don't go out and cough on everyone. During pandemic stay the hell home. It's not that hard. The yin to the yang of liberty is personal responsibility. Without that liberty doesn't work. We can't all act like spoiled children and then get pissed when society demands or allows government to step in and make us act like responsible adults. Damn. We aren't losing our liberty due solely to ambitious bad government. Some of that crap is on us as a society. Not that I will ever accept living under the gov thumb despite the dumbasses in society but the more stupid society gets the more I understand the other sides justification even if I don't agree. Bernie said a rare truthful statement the other day. "We are winning the generational debate" he said. And he isn't wrong. The new generation is growing up with a level of irresponsible stupidity that lends a lot of credence to strong government control. You don't want that **** to happen we all need to start acting like rational adults. Stat.

Exactly. Take some friggin responsibility and keep your ass home if infected with any contagious BS. I don't think I could live with myself if I caused others to get infected, knowing I was infected beforehand.

Still, I will be at home and not taken to some govt camp. Not gonna happen.
 
Some of that crap is on us as a society. Not that I will ever accept living under the gov thumb despite the dumbasses in society but the more stupid society gets the more I understand the other sides justification even if I don't agree. Bernie said a rare truthful statement the other day. "We are winning the generational debate" he said. And he isn't wrong. The new generation is growing up with a level of irresponsible stupidity that lends a lot of credence to strong government control. You don't want that **** to happen we all need to start acting like rational adults. Stat.

So, it sounds like you aren't willing to accept reality.

This new generation commits less crime, gets divorced less, is better educated, more diverse, and works more than the previous generation. Yet they are much farther back when it comes to income and wealth thanks to the wreckless free-market-and-boot-straps-can-fix-all policies of the silent and boomer generations.

Of course he is winning the debate. Because he is speaking to their reality. They were sold an American Dream of the 50's - 90's that is practically unachievable for most now days

The newer generations biggest issue is apathy. **** seems like it is too broke to fix, so enjoy life the best way you can while you can before it all blows up. The best thing Trump has done for the conservative movement is feed into that apathy with the outrageous **** he does and the unfaltering support he gets from his base no matter what he does.

The best thing the beer flu is doing is waking many up from that apathy because it makes **** hitting the fan their reality. Apathy is still a privileged position.
 
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