Tag: Travel Ban

Justice Admits Travel Order May Be Unconstitutional

West Virginia Gov. Jim Justice on Tuesday acknowledged that his directive to have police monitor roads and check in on travelers from coronavirus  hotspots might be unconstitutional but he said it will continue for safety reasons.

Justice has issued an executive order mandating that people entering the state from places hard-hit by the virus must quarantine for two weeks or face an obstruction charge, saying authorities will watch roads and conduct home checks to make sure people comply.

“If they don’t quarantine themselves for 14 days, you know, I’m going to take a big time issue with it, and I may lose at the end of the day but I’m going to try to protect our people,” Justice, a Republican, said in response to a question about the legality of the directives.

The instruction triggered constitutional concerns almost immediately, with the leader of the American Civil Liberties Union of West Virginia saying the order was overly broad and could violate constitutional rights on unreasonable searches and seizures.

“From a real practical standpoint it’s hard to imagine how they would enforce this order without violating the Fourth Amendment,” Joseph Cohen, executive director of the ACLU chapter, said in an interview.
The order, which went into effect Tuesday, follows similar moves  by governors in Rhode Island, Texas, Florida, Maryland and South Carolina, at least one of which triggered constitutional concerns over whether it is legal to pull someone over on the basis of the origin state of his or her license plate.

Justice said it’s important for people entering the state from New York, New Jersey, Louisiana, Connecticut, Italy or China to self-isolate and that he “wants to be really respectful of constitutional rights but people are dying all over this country right and left.”

Clay Marsh, a high-ranking West Virginia University health official tapped to lead the state’s coronavirus response, said the self-quarantine directive is in line with federal guidance but did not mention the order’s criminal and policing components.

The directive allows for people who are under the ordered quarantine to leave to get food or medical attention. It doesn’t apply to people traveling into West Virginia for work, health, emergency or essential business purposes.

At least 162  people in West Virginia have the virus, with a total of 4,143 residents have tested, state health officials said Tuesday. The state reported its first virus fatality on Sunday, with the death of an 88-year-old Marion County woman.

West Virginia was the last U.S. state to report a confirmed case, though Justice attributed that to a lack of testing. Testing remains limited, meaning most people now spreading the highly contagious virus may not know they have been infected, and state health officials have admitted their count lags behind the actual total as results pour in from counties around the state.

A statewide stay-home order that directed all nonessential businesses to close went into effect last week, intensifying previous moves by Justice, who has ordered the closure of bars, restaurants, casinos, gyms, health clubs, recreation centers, barbershops, nail salons and hair salons. Schools statewide are closed until at least April 20.

Justice  on Tuesday also announced he was banning elective surgeries and closing private campgrounds to new arrivals from people who aren’t from West Virginia, which he said was intended to further deter visitors.

In addition, the governor quietly signed an executive order eliminating a rule requiring that medical professionals conduct an in-person screening before refilling an opioid prescription. Justice did not mention the order at his news conference. It says that the state boards of nursing and medicine identified the rule as burdensome during the ongoing state of emergency.

For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks, and the overwhelming majority of people recover. But severe cases can need respirators to survive, and with infections spreading exponentially, hospitals across the country are either bracing for a coming wave of patients, or already struggling to keep up.
 

‘Fear Is Not Going To Be Constructive Here’ — Governor Urges Preparation, Not Panic

Only a handful of states have no reported coronavirus cases to date, one of which is West Virginia. Gov. Jim Justice held a press conference Thursday to talk about the state’s plan to prepare. 

Although a coronavirus case has not been diagnosed in West Virginia, state officials said it’s likely only a matter of time. All bordering states have cases. 

Gov. Justice instructed all state agencies to avoid holding large gatherings and issued a travel ban. 

“Today I’m issuing a state employee travel ban for both out of state and international travel for our state businesses,” he said.

He also urged all West Virginians to reconsider nonessential travel out of state or internationally, citing particular concern for the state’s elderly population. Older adults and those with preexisting health conditions have been hit hardest by coronavirus internationally. 

Justice also asked nursing homes to severely restrict visitors except in the case of serious illness or end of life circumstances and suspended the state’s high school basketball tournaments.

The panel of experts called these measures “preventative.” 

“The risk today in West Virginia is not dramatically different than the risk yesterday,” said commissioner for public health, Dr. Kathy Slemp.

“With all these interventions we know they make a difference if you do them early rather than later so we know they’re disruptive, they’re awful, we hate to have to make these decisions. The challenge is if you wait too long to make them we have the disruptions but not the benefit. If we do them early, we maximize the benefit so it’s a better balance.” 

When pressed, the Governor acknowledged concerns about the various cancellations and closures impact on the state’s economy, pointing to market nosedives happening at the federal level.  But said keeping West Virginians safe was of the utmost importance. 

When asked about the state’s capacity for testing, Slemp was vague on the exact  number of tests the state could perform a day — saying prevention is not about testing. 

“It’s about all of us at this point taking all the measures we can do to reduce our own risk, to protect our families and to protect especially our elderly so it really is about how we work together as communities to get the job done,” she said. 

Speaking to her after the conference, she said from a public health perspective, it’s more important for those with mild symptoms that can be managed at home to do that rather than going out in public and potentially infecting other people. Additionally, if the disease were to hit West Virginia hard, hospital capacity is always a concern, especially in light of recent hospital closures and the ongoing demands on hospitals already, such as managing the opioid epidemic and chronic diseases.

Despite these preventative measures, Justice said although West Virginia is preparing for the virus, panic is not necessary. Live your life he said, wash your hands and stay home if you aren’t feeling well. 

 

Appalachia Health News is a project of West Virginia Public Broadcasting, with support from Marshall Health and Charleston Area Medical Center.

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