{"id":3465,"date":"2010-03-20T13:10:24","date_gmt":"2009-10-24T11:24:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-10-24T11:24:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3465","title":{"rendered":"MA Pandemic Response Bill"},"content":{"rendered":"

Massachusetts has a Pandemic Response Bill<\/a> before the legislature that provides for forced quarantine of persons and places in case of a severe health risk and arrest of those not vaccinated where a health risk is shown. See Swine flu vaccine–get the shot or else?<\/a> on Examiner.com.<\/p>\n

The bill, called the Pandemic Response Bill, gives the state power to “forcefully quarantine people in the event of a pandemic”, and threatens that “anyone who refuses to comply with the quarantine order could face jail time or a $1000 per day fine”.<\/p>\n

What does this translate to? It could mean that local law enforcement would have the right to go door to door, checking shot records and locking people up who are either infected or did not receive the vaccine. Of course this scenario seems a bit absurd, but perhaps so is the idea of imprisonment or stiff fines for people who are not vaccinated. Critics of the bill complain that this is not only a violation of basic constitutional rights of privacy (i.e. the Fourth Amendment which protects from unlawful search and seizures, or the Fifth Amendment which allows for due process), but may, as in the case of religions who prohibit the use of vaccines, pose unethical infringement on the basic freedom of religion this country was founded on. Furthermore, many are finding success with natural treatments such as nutrition, herbs and homeopathy, and prefer not to risk the side effects of a vaccine for a relatively benign disease.<\/p><\/blockquote>\n

The article, originating in Florida, mentions Fla. Stat. ch. 381<\/a> which provides for public health emergencies and quarantine of persons and premises. I imagine most states have similar statutes already in effect. <\/p>\n

Under the T.L.O.<\/a> special needs exception, it seems apparent to me that such entries would be reasonable at their inception. Whether they are reasonable in practice remains to be seen.<\/p>\n

Whenever a conservative complains about the Fourth Amendment, I always remind them that the Nixon-Reagan-Bush Supreme Court is generally responsible for that they are complaining about.<\/p>\n

\"Dilbert.com\"<\/a>
\nCopyrighted. See Dilbert.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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