Individual Restrictions,
Quarantine, and Public Health
Realities
Edward P. Richards, JD MPH
Program in Law, Science and Public Health
LSU School of Law
http://biotech.law.lsu.edu
Definitions
Quarantine
 Isolation
 Personal Restrictions
 Pandemic

Example Diseases and Restrictions
Tuberculosis
 Smallpox
 Yearly flu
 Typhoid
 Hanson's Disease (leprosy)
 Ringworm
 SARS
 Theoretical pan flu

Resources

Where do you put them?

Why jail is always the wrong choice
Do you have appropriate facilities?
 Should you move them to appropriate
facilities?

Treatment and Testing

Can you treat them against their will?


Can you coerce them into treatment?

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What does this mean in practical terms?
Treatment as a key to release?
What about DOT and enforcing it?
Dealing With the Civil Libertarians

Do not screw up the medical side and the
place of confinement


This is the root of most problems, which then
cost the state authority
Educate the public about the risk posed by
disease carriers
Do not sugar coat it
 Political correctness has hurt public health
authority
 Look at national security law

Stay at Home Orders
When would these be appropriate?
 How do you provide medical care?
 How do you provide food?
 How do you support salary?
 What about criminals, crazies, homeless,
and illegals?
 What is the role of a resilient communities
approach?

How Far Do You Go to Enforce
Orders?
What is the purpose of the restriction?
 Does it have to be 100%
 Is 100% even possible?
 If 100% is not realistic, can you justify
shooting someone?
 Can you justify it a year later at your trial,
when the public health department is seen
as having failed in the epidemic?

QA