Thursday, Jul. 23, 2020
Can a local health department quarantine an entire apartment complex?
Quarantine laws allow public health authorities wide latitude to isolate potential carriers of contagious diseases. In California, for instance, health codes allow local health officers to "take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases." Through most of U.S. history, courts have allowed state authorities wide latitude. A 1902 Supreme Court decision upheld the state of Louisiana's right to bar access in and out of an entire geographic area. A housing complex would appear to be well within the bounds of that kind of authority.
This fact brief is responsive to conversations such as this one.
Sources
- National Council of State Legislatures: State quarantine and isolation statutes
- Findlaw.com: California health and safety codes
- Citizens Journal: Lockdown of Ventura, California, apartment building
- American Bar Association: Two centuries of law guide legal approach to modern pandemic
- CDC: Legal authorities for isolation and quarantine
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