Dismissing legal boundaries or justifying unnecessary force not only undermines fundamental liberties, but fuels parental and community distrust of health officials and sets back the ultimate goals of protecting the public.
The measles outbreaks continue to spread, with New York City declaring a public health emergency and requiring people in four ZIP codes to have their children vaccinated or face penalties, including a fine of $1,000 and or imprisonment.
Rockland public health officials issued a ban that would keep unvaccinated children out of public places, but a judge overruled that on April 5. On April 9, county officials said they would appeal. In the 1905 Jacobson v. Massachusetts case, the Supreme Court upheld a state law delegating power to local health officials mandating that adults receive one smallpox vaccine in the midst of an epidemic or pay a fine . Under the concept of police power, states have a duty to enact laws that promote the health, safety and welfare of its residents.
Public good, personal rightsThe law is also quite clear that public health authorities and law enforcement may place restrictions on a person’s individual liberty—including religious liberty—in situations where a person’s actions pose a direct, immediate and compelling harm to others, such as using venomous snakes in religious worship or asserting a nonexistent “right” to use an illegal substance such as marijuana when operating a motor vehicle.
Accordingly, legal precedent does not support quarantining vast geographic areas of healthy persons who have not been exposed to the communicable illness, but would support tailored voluntary isolation and quarantine of persons who have been exposed to, or currently have, the illness. To promote vaccination for children, health officials may offer educational campaigns and set up free clinics for parents to bring their children. State laws may also mandate vaccines as a condition for school attendance, or require excluding unvaccinated children during an active outbreak at their school.
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