COVID-19 is a severe acute respiratory illness that spreads through direct, indirect or close contact with infected people. Public health agencies found various ways to assess the number of cases, the ability of the healthcare system to respond to cases and the ability to prevent future cases. Simultaneously, the plaintiffs’ bar attempted various ways to stop public health agencies’ efforts, from an injunction based upon an alleged violation of an administrative procedures act to Section 1983 actions alleging violations of the First, Fifth and Fourteenth Amendments. This presentation will examine the state of such litigation from the defense perspective.
Attendee Takeaways:
- Recognize that all rights are subject to reasonable conditions essential to the health and safety of the community
- Evaluate a public health agency’s exercise of its emergency authority during a public health crisis to limit such right using the framework developed in year 1905 by the U.S. Supreme Court