Legality of CDC flu screening

Old Jan 19, 2020, 7:51 pm
  #46  
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Originally Posted by looker001
So because people decide to exercise their legal right, they should be quarantined? Just because i refuse to agree to provide government with information can't be deemed that i pose public health danger. That would mean when i refuse to answer us custom question i should be arrested because i could be terrorist. An Americans we have certain rights, one of them not being harassed/monitored by the government.
Nope.

Bad idea to keep trying to tell others what they mean.
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Old Jan 20, 2020, 11:21 am
  #47  
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I think, from a practical and survival perspective, I would want to know if I caught something really bad while overseas. If you read through the CFRs (available on the CDC website), the government at all levels can, in fact detain and quarantine you if they reasonably believe you are carrying a communicable disease. Of course, you can drive a Mack truck through "reasonably believe". Unless something has happened very recently, the last time the USG instituted a quarantine was the 1918-1919 Spanish Fly epidemic.

Here is the 2014 Ebola screening press release from DHS. There are all sorts of involuntary requirements on departing and arriving passengers. Realistically, any U.S. administration desiring to involuntarily detain groups of people it doesn't like can come up with much cheaper ways to do it. Medical quarantine involves expenses for diagnosing and treating diseases, including hospitalization.
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Old Jan 20, 2020, 11:33 am
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Originally Posted by looker001
So because people decide to exercise their legal right, they should be quarantined? Just because i refuse to agree to provide government with information can't be deemed that i pose public health danger. That would mean when i refuse to answer us custom question i should be arrested because i could be terrorist. An Americans we have certain rights, one of them not being harassed/monitored by the government.
Exercise a legal right *may* have consequences.

You may exercise your legal right to have a passport, but you will be required to pay certain amount of USD to get it.

You may exercise your legal right to have a gun license, but you will subject to a criminal records check.

You may exercise your legal right to be a candidate in an election, but your name will be in the ballot box and the paperwork with your data will be made public.
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Old Jan 20, 2020, 8:40 pm
  #49  
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Originally Posted by looker001
So you are saying that public safety overrides constitutional liberty?
People who refuse to comply with reasonable infection control measures should be in confinement until it is determined they aren't a threat.
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Old Jan 20, 2020, 8:42 pm
  #50  
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Originally Posted by Loren Pechtel
People who refuse to comply with reasonable infection control measures should be in confinement until it is determined they aren't a threat.
Under what legal doctrine?
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Old Jan 20, 2020, 8:42 pm
  #51  
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Originally Posted by looker001
No I am not trolling, I am shocked that people are willing to give up their liberty because government says it's for your own good. I feel that less government there is in my life the better
If the world worked the way you want we would have seen megadeaths from SARS. (Control measures would have been a total failure if it got to anyplace with a poor medical system.)
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Old Jan 20, 2020, 10:43 pm
  #52  
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Originally Posted by Loren Pechtel
People who refuse to comply with reasonable infection control measures should be in confinement until it is determined they aren't a threat.
I doubt that even China has the resources and capability to do that fully, and I think you know what they are capable of doing in terms of rounding up millions of people..

And in the US, it seems like a lot of adults go to work when sick, even as the reasonable infection control measure may be to not go to work when having some flu symptoms; and this American pattern is probably still more of a public health vulnerability than this mutant coronavirus.

Unless and until the CBP and CDC demand to see that all returning Americans and foreign visitors are vaccinated in at least the way public school-going children are required to be vaccinated to stay in public schools in “tough areas”, there should be questions about how CBP and CDC behave with regard to people at US ports of entry, since this is about more than just Wuhan coronavirus, SARS, MERS, or even Ebola.
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Old Jan 21, 2020, 7:28 am
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Originally Posted by looker001
Under what legal doctrine?
https://www.cdc.gov/quarantine/about...isolation.html This is the best I can find. There are probably more detailed explanations elsewhere.
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Old Jan 21, 2020, 12:10 pm
  #54  
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In The New York Times:
First Wuhan Coronavirus Patient Identified in the United States

A person in Washington State is infected with the Wuhan coronavirus, the first confirmed case in the United States of a mysterious respiratory infection that has killed at least six people and sickened hundreds more in Asia.

The man is a resident of Snohomish County, Wash., who experienced symptoms after returning from a trip to the region around Wuhan, China, where the outbreak began. He was hospitalized with pneumonia last week, and infection with the coronavirus was confirmed on Monday afternoon.

Local officials declined to identify the patient, who was said to be quite ill.

News of the first case in the United States comes amid growing evidence that the virus spreads from person to person, although it is not clear how easily.

***
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Old Jan 21, 2020, 1:23 pm
  #55  
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Originally Posted by TWA884
If there's one case there's likely more. I hope the spread of this virus can be controlled and contained but appears the horse is out of the barn. Wonder if the person was asymptomatic when entering the country.
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Old Jan 21, 2020, 3:52 pm
  #56  
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Originally Posted by GUWonder
Sure, at times. But government forcing a seemingly healthy person into quarantine only because the person stays quiet at a port of entry is not of those times.

The ability of claims about public safety to be used by government to control or otherwise coerce an individual traveler and intrude Into the life of such seemingly healthy individual should not be unlimited even at borders.

The premise of this thread is what happens if a person refuses a quick health screening. If that persons refuses a simple scan for a fever then I believe government has the authority to hold that person until they are either proven to not be infected or give consent for the scan. I certainly don't think it is too much to ask to submit to a quick, no contact, temperature scan. Perhaps even more invasive testing should be considered seeing as how the current virus appears to be spreading.
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Old Jan 21, 2020, 9:50 pm
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The WA state patient entered the US on January 15th
according to news reports; the screening at US airports started on the 17th.

https://www.google.com/amp/s/www.kir...outputType=amp

It it unknown if the screening techniques would have caught the problem at the airport. What is known is that the virus will jump from human to human.

The sick person took some sort of shared transportation from the airport.

I was in Snohomish County WA recently but left the day the infected person arrived.

Although I am not in a flu risk group (65 or older or immune system compromised) many of the my clients are 65 and older and I am more concerned about the risk to their health than I am about the CDC legality of screening; but that is just me.
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Old Jan 21, 2020, 9:57 pm
  #58  
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Originally Posted by Boggie Dog
The premise of this thread is what happens if a person refuses a quick health screening. If that persons refuses a simple scan for a fever then I believe government has the authority to hold that person until they are either proven to not be infected or give consent for the scan. I certainly don't think it is too much to ask to submit to a quick, no contact, temperature scan. Perhaps even more invasive testing should be considered seeing as how the current virus appears to be spreading.
Holding someone until they give consent is false imprisonment. Just because person refuses to give up his/her rights do not mean that police/government can hold that person until they agree to government demands.
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Old Jan 21, 2020, 10:04 pm
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Originally Posted by looker001
Holding someone until they give consent is false imprisonment. Just because person refuses to give up his/her rights do not mean that police/government can hold that person until they agree to government demands.
You have been provided with numerous citations that it is legal to screen and isolate people from at risk areas.

What legal citations do you have that it is false imprisonment?
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Old Jan 21, 2020, 10:07 pm
  #60  
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Originally Posted by arttravel
You have been provided with numerous citations that it is legal to screen and isolate people from at risk areas.

What legal citations do you have that it is false imprisonment?
What people have posed is CDC reasoning of why they feel it's legal. It really haven't been litigated enough to really know for sure. Few cases where that did happen such as in Ebola, states were forced to retreat in their screening.
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