7. Quarantines and Other Governmental Restrictions

• Pages: 145-156
• Author: Lyle D. Kossis,Brandon M. Santos,Vinu G. Joseph,Brian D. Schmalzbach

7

Quarantines and Other

Governmental Restrictions

Lyle D. Kossis, Brandon M. Santos,

Vinu G. Joseph, and Brian D. Schmalzbach1

Federal and state governments have extensive authority to

restrict individuals’ movements, control or close businesses, and

otherwise respond to infectious disease outbreaks. However,

such government moves are sometimes controversial and often

contested. This chapter will examine the legal bases for (and

limitations on) quarantines and other restrictions, as well as the

types of litigation that can arise in response.

Governments must take immediate action to combat infectious

outbreaks. Quick government responses typically mean a host of

new executive orders, new statutes, or new agency regulations from

state and federal ofcials. The government may also make excep-

tions to existing rules and reporting requirements to ease compliance

1. Lyle Kossis, JD, is a litigator at McGuireWoods LLP. Brandon Santos, JD, is a

litigation partner at McGuireWoods LLP. Vinu Joseph is a litigator at McGuire-

Woods LLP. Brian Schmalzbach is a litigation partner at McGuireWoods LLP.

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