Special Opinion to the Mirror by Hazel Bland Thomas
I have many relatives and friends who live in Cape Charles and Northampton County, so I have become very concerned about them since I could not determine who is charged with leading the public information campaign regarding the status of Covid-19 in their community. I am curious to know what organization is responsible for providing consistent, science-based information for the residents, some of whom who may not be computer savvy? What organization is principally responsible for keeping residents informed?
I am pleased that there is a very effective telephone tree contact system in Cape Charles and it’s doubly gratifying that there is a coalition of clergy and community residents who are providing food and safety net services for town residents. My core concern, however, is that it’s not obvious who has the official responsibility for providing residents with information on where they can get testing, secure treatment and access tracking services.
Traditional thinking often overlooks information campaigns in rural communities based on the assumption that information will be spread by “word of mouth.” Unfortunately, because residents tend not to live in close proximity with their neighbors, they can easily develop a false sense of security about the need for social distancing. There’s also the false assumption that residents won’t encounter other folks at stores, groceries and even take-out restaurants. Nothing should be taken for granted.
A perusal of the Northampton County Public Health Department website revealed only a link to the Center for Disease Control (CDC) and a google definition of the virus, but no mention of a public information program. Similarly, a check with the Eastern Shore Health Care System, Inc. website simply indicated that it is “monitoring the COVID-19 Corona Virus situation in the United States and is following the recommendations of the Centers for Disease Control (CDC) and the Virginia Department of Health (VDH).” They stated that they are committed to educating those in the community about the virus, but there was no indication of how it would be done.
With the hovering threat of a potential Covid-19 outbreak at the Tysons chicken plant in nearby Accomac County and no hospital in Northampton, one can only wonder who the general public should turn to for a consistent, public education? With the possibility of the Governor opening areas of the state to increased commerce, public health, life and death are truly on the line. I hope everyone will remain safe and in good health, yet it has become even more imperative to know now – not later – whose in charge?
Paul Plante says
What you are witnessing is a broken public health infrastructure in this country that because of political interference which has turned it into a giant patronage mill, has become totally stupid, so that not only is there no one in charge, but nobody even knows who should be in charge, because this is not a professional response to a public health crisis – this is a political response to a public health crisis caused by the politicians getting in the road of the professionals, who apparently don’t really exist anymore.
If we lived in a rational, well-ordered society with rule of law, which we no longer do, as is evidenced by this COVID CIRCUS swirling all around us, who would have been in charge is spelled out in the Code of the Commonwealth of Virginia, to wit:
§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.
The State Health Commissioner shall have the authority to require quarantine, isolation, immunization, decontamination, or treatment of any individual or group of individuals when he determines any such measure to be necessary to control the spread of any disease of public health importance and the authority to issue orders of isolation pursuant to Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and orders of quarantine and orders of isolation under exceptional circumstances involving any communicable disease of public health threat pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of this chapter.
end quotes
So as we can see, if we will still lived in a rational, well-ordered world, who would be in charge would be the Virginia health commissioner.
However, I don’t know if anybody has heard from him, or of him, or even whether or not he actually exists.
If he actually did exist, which I certainly cannot swear to, Virginia Code § 32.1-48.01 provides as follows for how he would have treated COVID, to wit:
As used in this article, unless the context requires a different meaning:
“Appropriate precautions” means those specific measures which have been demonstrated by current scientific evidence to assist in preventing transmission of a communicable disease of public health significance.
Appropriate precautions will vary according to the disease.
“Communicable disease of public health significance” means an illness of public health significance, as determined by the State Health Commissioner, caused by a specific or suspected infectious agent that may be transmitted directly or indirectly from one individual to another.
“Communicable disease of public health significance” shall include, but may not be limited to, infections caused by human immunodeficiency viruses, blood-borne pathogens, and tubercle bacillus.
The State Health Commissioner may determine that diseases caused by other pathogens constitute communicable diseases of public health significance.
Further, “a communicable disease of public health significance” shall become a “communicable disease of public health threat” upon the finding of the State Health Commissioner of exceptional circumstances pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of this chapter.
end quotes
For the record, the Virginia health commissioner was formally notified about COVID by the CDC in a Health Alert Network (HAN) notification on 8 January 2020.
That is when the timeline in the Commonwealth of Virginia begins.
What then did the Virginia commissioner of health do subsequent to that notification?
Nobody seems to know, and actually outside of yourself and Wayne Creed, nobody really seems to care.
As to COVID being a public health threat, in the Commonwealth, Virginia Code § 32.1-48.05 provides thusly:
A. Upon a determination by the State Health Commissioner that exceptional circumstances exist relating to one or more persons in the Commonwealth who are known to have been exposed to or infected with or reasonably suspected to have been exposed to or infected with a communicable disease of public health threat and that such exceptional circumstances render the procedures of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter to be insufficient control measures or that the individuals have failed or refused to comply voluntarily with the control measures directed by the State Health Commissioner in response to a communicable disease of public health threat, the State Health Commissioner may invoke the provisions of this article relating to quarantine and isolation.
B. The Board of Health shall promulgate regulations for the implementation of this article that shall (i) address the circumstances that are subject to the application of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and the exceptional circumstances in which this article may be invoked by the State Health Commissioner; (ii) provide procedures to assure that any quarantine or isolation is implemented in the least restrictive environment; (iii) ensure that the essential needs of persons subject to an order of isolation issued pursuant to this article shall be met, including, but not limited to, food, water, and health care, e.g., medications, therapies, testing, and durable medical equipment; (iv) provide procedures for proper notice of orders of quarantine and orders of isolation; (v) provide procedures for the State Health Commissioner to issue an emergency detention order for persons for whom he has probable cause to believe that they may fail or refuse to comply with an order of quarantine or an order of isolation; and (vi) address any other issue or procedure covered herein that the Board deems to be properly the subject of regulation.
C. The powers granted to the State Health Commissioner pursuant to this article shall not be delegated to or invoked by any local or district health department director. However, in the event the State Health Commissioner, duly appointed and confirmed pursuant to § 32.1-17, shall be unable to perform his duties pursuant to this article, any Deputy Commissioner, appointed by the State Health Commissioner and approved by the Board pursuant to § 32.1-22, shall be authorized to invoke the provisions of this article.
end quotes
As to the powers or the commissioner with respect to quarantine, Virginia Code § 32.1-48.08, states thusly:
A. The State Health Commissioner may declare a quarantine of any person or persons or any affected area after he finds that the quarantine is the necessary means to contain a communicable disease of public health threat as defined in § 32.1-48.06 to which such person or persons or the people of an affected area have been or may have been exposed and thus may become infected.
end quotes
In this case, the affected area include not only Cape Charles and Northampton County, but the whole of the Commonwealth, itself.
But has the commissioner actually done that with respect to COVID, for if he had, that would bring us to Virginia Code § 32.1-48.09. Order of quarantine, to wit:
A. The State Health Commissioner shall, prior to placing any person or persons under quarantine, issue an order of quarantine that shall: (i) identify the communicable disease of public health threat that is reasonably believed to be involved and the reasons why exceptional circumstances apply and the quarantine is the necessary means to contain the risks of transmission of the disease; (ii) contain sufficient information to provide reasonable notice to persons who are affected by the order of quarantine that they are subject to the order; (iii) specify the means by which the quarantine is to be implemented; (iv) establish clearly the geographic parameters of the quarantine, if involving an affected area; (v) specify the duration of the quarantine; (vi) provide sufficient directions for compliance with the quarantine to enable persons subject to the order to comply; (vii) provide timely opportunities, if not readily available under the circumstances, for the person or persons who are subject to the order to notify employers, next of kin or legally authorized representatives and the attorneys of their choice of the situation; (viii) specify the penalty or penalties that may be imposed for noncompliance with the order of quarantine pursuant to § 32.1-27; and (ix) include a copy of § 32.1-48.010 to inform any person or persons subject to an order of quarantine of the right to seek judicial review of the order.
end quotes
If we actually lived in a rational, well-0rdered world, that above is what should have happened before the whole Commonwealth was put under quarantine, but so far as we know, none of that happened, instead.
Continuing on with Virginia Code § 32.1-48.09, we have:
B. No affected area shall be the subject to an order of quarantine issued by the State Health Commissioner unless the Governor, pursuant to the authority vested in him pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, has declared a state of emergency for such affected area of the Commonwealth.
end quotes
And here is where things get real fuzzy, because “Blackface” Northam never declared a state of emergency – rather, he invoked a completely different set of laws pertaining to disasters such as meteor strikes, or volcanic eruptions.
Getting back to Virginia Code § 32.1-48.09:
C. The order of quarantine shall be delivered to any person or persons affected by the quarantine, in so far as practicable.
However, if, in the opinion of the State Health Commissioner, the number of quarantined persons is too great to make delivery of copies of the order of quarantine to each person possible in a timely manner, or if the order of quarantine designates an affected area instead of a specific person or persons, the State Health Commissioner shall cause the order of quarantine to be communicated to the persons residing or located in the affected area.
end quotes
Has anyone seen such a communication from the commissioner to all of the persons residing in the affected area which includes all of the Commonwealth?
Getting back to Virginia Code § 32.1-48.09:
D. The State Health Commissioner or his legal representative shall, as soon as practicable following the issuance of an order of quarantine, file a petition seeking an ex parte court review and confirmation of the quarantine.
E. The petition shall be filed in the circuit court for the city or county in which the person or persons resides or is located or, in the case of an affected area, in the circuit court of the affected jurisdiction or jurisdictions.
The petition shall include (i) a copy of the order of quarantine or all information contained in the State Health Commissioner’s order of quarantine in some other format and (ii) a summary of the findings on which the Commissioner relied in deciding to issue the order of quarantine.
Upon receiving multiple orders of quarantine, the court may, on the motion of any party or on the court’s own motion, consolidate the cases into a single proceeding for all orders when (i) there are common questions of law or fact relating to the individual claims or rights to be determined, (ii) the claims of the consolidated cases are substantially similar, and (iii) all parties to the orders will be adequately represented in the consolidation.
F. Prior to the expiration of the original order of quarantine, the Commissioner may extend the duration of the original order upon finding that such an extension is necessary.
The Commissioner, or his legal representative, shall, as soon as practicable following the extension of an order of quarantine, file a petition seeking court review and confirmation of the order to extend the duration of the quarantine.
G. In reviewing the petition for review and confirmation of the order of quarantine or an extension of the order of quarantine, the court shall give due deference to the specialized expertise of the State Health Commissioner.
The court shall grant the petition to confirm or extend the quarantine upon finding probable cause that quarantine was the necessary means to contain the disease of public health threat and is being implemented in the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat.
H. The State Health Commissioner may, if he reasonably believes that public disclosure of the information contained in the order of quarantine or the petition for court review and confirmation or extension of the order of quarantine will exacerbate the public health threat or compromise any current or future criminal investigation or compromise national security, file some or all of any petition relating to an order of quarantine under seal.
After reviewing any information filed under seal by the State Health Commissioner, the court shall reseal the relevant materials to the extent necessary to protect public health and safety.
I. The State Health Commissioner shall ensure that the protected health information of any person or persons subject to the order of quarantine shall only be disclosed in compliance with § 32.1-127.1:03 of this title and the regulations relating to privacy of health records promulgated by the federal Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.).
J. Any law-enforcement officer, state or local health department employee, or any other person designated by a law-enforcement officer or state or local health department employee is empowered and authorized to deliver an order of quarantine.
Bernie says
Wayne, Can you start a survey to see who scrolls fastest past and PP posts? I think you asked what time it was but got a response on how to build a watch. Now I trust a watch maker’s report of the time and I can leave it at that. I say 100% that PP is a watch maker. So, maybe the survey is how many people would like PP to tell us the time.
Stuart Bell says
He is a Veteran of Foreign War, I would suggest you show some respect, in fact I demand it.
Paul Plante says
And Bernie, while we have you on the line here, so to speak, let me say that in your writing above here, you come across as a man who is not only quite proud of being ignorant, but as one who actively works quite hard to cultivate your ignorance, and as one who promotes gross ignorance among the electorate as a vital necessity in a democratic society, which is a unique viewpoint I must say.
Is this something you were taught?
Or is it a philosophy that you have worked out all on your own?
Paul Plante says
Time for you to take your pill and then go nappy, Bernie!
That’s what my watch says.
Bernie says
I take it all back. Not because Mr. Bell demands it but because in correcting my ignorance, I read the entire PP post. I was wrong, he didn’t answer the question and the author asked what time it was and PP told us what the weather report was.
So what time is it?
Stuart Bell says
Time for you to run along and play now little bernie, adults are talking. Good children should be seen but not heard.
Bernie says
I’ll follow Provebs here:
“Even a fool, when he holdeth his peace, is counted wise: and he that shutteth his lips is esteemed a man of understanding.”
King James Version (KJV)
So I wish you well you sweet curmudgeons.
Stuart Bell says
Run along now….
Paul Plante says
What time is it?
Time for a reality check, is what it seems to me, anyway.
So let’s do a tho9ught exercise here, Bernie, so you can see exactly what I am saying.
First off, Bernie, the people of the Commonwealth went to all the trouble creating a Constitution to limit and define the powers of the “state,” as you call it, and then inserting into Article I, the Bill of Rights of the Constitution of the Commonwealth Section 2, titled “People the source of power,” which section of the organic law of the Commonwealth states thusly:
That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them.
end quotes
Is that something that personally offends you – the thought that that all power is vested in, and consequently derived from, the people, and that magistrates like “Blackface” Northam are their trustees and servants, and at all times amenable to them?
Do you disagree with that statement?
Should all power be vested in, and consequently derived from “Blackface” Northam, so that the people are his servants, and at all times are amenable to him?
Getting back to the thought exercise, and the weather report, as a further check on the powers of the “state,” in section 3 of the Virginia Bill of Rights, the people stated thusly:
Section 3. Government instituted for common benefit
That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.
end quotes
Have you any thoughts on that section of the Bill of Rights of the Virginia Constitution?
Or are you one of those who doesn’t believe Virginia has a Constitution or Bill of Rights?
And going beyond that safeguard on their liberty, Bernie, the people of Virginia added Section 7, “Laws should not be suspended,” to the Bill of Rights, as follows:
That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
end quotes
So, should that section of the Virginia Bill of Rights prohibit Ralph “Blackface” Northam from suspending the laws of the Commonwealth?
Or is that merely an advisory opinion that is not binding on “Old Blackface,” because he has declared an emergency that allows him to suspend the laws regardless of some mere words in the Bill of Rights of the Virginia Constitution?
The candid world is really quite interested in what you might have to say about that.
Further defining the “state” the people of Virginia wished to create in the Commonwealth, the people added Section 15, “Qualities necessary to preservation of free government,” to the Bill of Rights, to wit:
That no free government, nor the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue; by frequent recurrence to fundamental principles; and by the recognition by all citizens that they have duties as well as rights, and that such rights cannot be enjoyed save in a society where law is respected and due process is observed.
end quotes
As I have said elsewhere, that seems to say what it says without any confusion as to what it means to say without the need for a J.D. from Harvard Law School to suss out the meaning of what those words are saying in plain language, although of course, you may have a different opinion about that.
And the law in question is the Virginia Public Health Law which I quoted from above here, which you mistook for instructions as to how to build a clock, which in a sense that law really is, as well as mistaking it for a weather report.
And with respect to that law, the people of Virginia enacted Article V. Executive, Section 7. Executive and administrative powers, to wit:
The Governor shall take care that the laws be faithfully executed.
end quotes
But he clearly didn’t, Bernie, and like a good citizen in America should do, I called him on it in my weather report above here that you see instead as the instructions for how to build a clock.
Which raises the question, Bernie, of why bother to have a Constitution and laws when they clearly do not limit the power of the “state” to simply ignore them?
Paul Plante says
Bernie, you are an absolute trip, yes, you are – a very unique specimen of what a human being might in fact be.
Obviously, if you think I am talking about the weather report, you are absolutely right – that is exactly what I am talking about in here, what the weather report is going to be, because, Bernie, I am doing it for you out of a sense of true solidarity, because as you well know, we are all in this together and we’ll rebuild stronger than ever thanks to diligent Americans just such as yourself, which should make you feel all warm and squishy inside knowing that your fellow Americans care about you, as they do, and hang on your every word as they seek guidance and counseling from you to get them through these dark times in the nation’s history, because with you in charge, Bernie, people see brighter days out ahead, and there is where it all must begin, with leaders like yourself in charge.
That’s what time it is in the nation’s history, Bernie, time for you to step up to the plate and hit that grand-slam homerun!
As to the question being asked in here, it was as follows:
“I hope everyone will remain safe and in good health, yet it has become even more imperative to know now – not later – whose in charge?”
So what is your answer, Bernie?
The candid world would like to know.
And as to who scrolls the fastest past by my posts, that is Raymond Otton.
He gets past them so fast he leaves a trail of smoke from the scorched paper behind him.
Bernie says
PP,
Would love to have lunch with you. I am in Exmore so let me know what’s convenient for you. We can invite Mr Bell as well.
Soft crabs are available and been on some Puppy Drum and Specs between all the rays.
Let me know when you are free.
Bernie
Paul Plante says
Alas, Bernie, would love to join you, but I am a crippled up old person who no longer travels except by computer.
Bernie says
Mr. Plante, Paul if I may,
I really detest this way of communicating. I would like to go back to my first response. I was trying to compliment you since I have seen you post the conclusion to your point up front. From my time in the Army with my brothers, it BLUF.
I just think on the ESVA. we need to solve our own problems and some grand poobah who can Quarantine needs to be bypassed.
According to my research, the ES counties fund a highly effective tourism bureau. My thoughts are they know marketing and no one is coming during the Gubenors lock down. So the powers that be in the Acc and North counties could redirect the tourism mission to reaching the community that needs information. I believe ESRH could provide the message. Common sense solutions should not be beyond people elected by their friends.
So, bottom line not up front, you and I are more alike than apart. Just think solution here can still be local.
Peace,
Bernie
Paul Plante says
Bernie, if you were to go to the CCM thread Freedom, If You Can Keep It, May 10, 2020 http://www.capecharlesmirror.com/news/freedom-if-you-can-keep-it/ you will see from actual records from the 1918-1919 period in the Commonwealth when the flu was rampant that it is not some POOBAH far removed from the scene who is making the decision, it is supposed to be a DECENTRALIZED SYSTEM where local authorities take case of their district, and to illustrate that, I posted what was actually done in the Commonwealth at that time, which was more serious than COVID to illustrate how a functional public health infrastructure in both a major city (Richmond, Va) and two rural counties dealt with that epidemic.
So you and I are exactly on the same page here.
A point I will make which was made to me by my kindergarten teacher is that people who don’t know their history and their laws are stupid and don’t deserve a country of their own.
Harsh words for children perhaps, but that was right after WWII, and the times were still harsh here min the countryside.
And I have never forgotten those words, even though the people of the Commonwealth in large part seem to have done.
And however imperfect this mode of communicating might be, for me, it is this or nothing.
Paul Plante says
Bernie, given that you were in the military, then you are familiar with a chain-of-command, whether or not you believe in it, as well as the decentralized nature of military command, which brings decision-making right down to the lowest levels, including the lieutenants and sergeants, which is exactly how the public-health infrastructure in this country, where we do not have dukes, or earls, or panjandrums, or poohbahs with absolute authority over us, is supposed to function in the case of a communicable disease like COVID.
Going back to my original post, this is what I stated in my first sentence, to wit:
What you are witnessing is a broken public health infrastructure in this country that because of political interference which has turned it into a giant patronage mill, has become totally stupid, so that not only is there no one in charge, but nobody even knows who should be in charge, because this is not a professional response to a public health crisis – this is a political response to a public health crisis caused by the politicians getting in the road of the professionals, who apparently don’t really exist anymore.
end quotes
That is what I stated on May 17, 2020 at 8:05 pm, and on 24 May 2020, that is and remains my opinion as an associate public health engineer who not only finds this COVID response quite stupid, but a major-league embarrassment as well, that has the United States of America looking on the world stage like a goofball nation ruled by morons, idiots, half-wits, and fools.
As to what you are calling “some grand poobah who can Quarantine,” in my first post above, this is where I went next:
If we lived in a rational, well-ordered society with rule of law, which we no longer do, as is evidenced by this COVID CIRCUS swirling all around us, who would have been in charge is spelled out in the Code of the Commonwealth of Virginia, to wit:
§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.
The State Health Commissioner shall have the authority to require quarantine, isolation, immunization, decontamination, or treatment of any individual or group of individuals when he determines any such measure to be necessary to control the spread of any disease of public health importance and the authority to issue orders of isolation pursuant to Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and orders of quarantine and orders of isolation under exceptional circumstances involving any communicable disease of public health threat pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of this chapter.
end quotes
Now, having been a combat infantryman twice wounded in a place where there was no law, besides that which issued from the muzzle of an M-16 or AK-47, I prefer to live in a nation with RULE OF LAW, so I personally take no issue with that section of law right above here, which raises the important question to you of does a section of law in the Commonwealth of Virginia that gives the State Health Commissioner, a political appointee who might in fact be an incompetent A-HOLE as so many political appointees seem to be these day, the authority to require quarantine, isolation, immunization, decontamination, or treatment of any individual or group of individuals when he determines any such measure to be necessary to control the spread of any disease of public health importance grant him absolute power over the lives of those on the Eastern Shore and in Cape Charles and Exmore?
If so, he would be a tyrant and this would be a tyranny, as apposed to a nation with a Republican frame of government based on rule of law, which takes us to Virginia Code § 32.1-48.01, to wit:
As used in this article, unless the context requires a different meaning:
“Appropriate precautions” means those specific measures which have been demonstrated by current scientific evidence to assist in preventing transmission of a communicable disease of public health significance.
Appropriate precautions will vary according to the disease.
end quotes
Was locking everybody in their houses and closing down civilized society on the Eastern Shore of Virginia an appropriate precaution?
There is the question you and the other people of the Eastern Shore should have been asking of the Northampton County Health Department, but apparently never did.
As to this not being a dictatorship, or tyranny, or despotism where the state health commissioner is a Poobah with absolute power, As to COVID being a public health threat, in the Commonwealth, Virginia Code § 32.1-48.05 provides thusly:
B. The Board of Health shall promulgate regulations for the implementation of this article that shall (i) address the circumstances that are subject to the application of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and the exceptional circumstances in which this article may be invoked by the State Health Commissioner; (ii) provide procedures to assure that any quarantine or isolation is implemented in the least restrictive environment; (iii) ensure that the essential needs of persons subject to an order of isolation issued pursuant to this article shall be met, including, but not limited to, food, water, and health care, e.g., medications, therapies, testing, and durable medical equipment; (iv) provide procedures for proper notice of orders of quarantine and orders of isolation; (v) provide procedures for the State Health Commissioner to issue an emergency detention order for persons for whom he has probable cause to believe that they may fail or refuse to comply with an order of quarantine or an order of isolation; and (vi) address any other issue or procedure covered herein that the Board deems to be properly the subject of regulation.
end quotes
And since that is a lot of words commingled together, let me excise this section for further discussion, to wit:
(ii) provide procedures to assure that any quarantine or isolation is implemented in the least restrictive environment.
end quotes
Did the Board of Health ever do this?
Do you even know if you have a Board of Health?
Or is this all just a bunch of bull****?
Why aren’t you people DEMANDING some answers from those the law in Virginia gives responsibility to?
Why aren’t some heads rolling down there?
And the answer is because the people of Virginia have become moral cowards willing to accept any abuse of their “rights,” because in the end, those who won’t stand up for their rights simply don’t have any, just like the people of Germany under Adolph Hitler.
Moving right along, we come to Virginia Code § 32.1-48.09. Order of quarantine, to wit:
A. The State Health Commissioner shall, prior to placing any person or persons under quarantine, issue an order of quarantine that shall:
(i) identify the communicable disease of public health threat that is reasonably believed to be involved and the reasons why exceptional circumstances apply and the quarantine is the necessary means to contain the risks of transmission of the disease;
(ii) contain sufficient information to provide reasonable notice to persons who are affected by the order of quarantine that they are subject to the order;
(iii) specify the means by which the quarantine is to be implemented;
(iv) establish clearly the geographic parameters of the quarantine, if involving an affected area;
(v) specify the duration of the quarantine;
(vi) provide sufficient directions for compliance with the quarantine to enable persons subject to the order to comply;
(vii) provide timely opportunities, if not readily available under the circumstances, for the person or persons who are subject to the order to notify employers, next of kin or legally authorized representatives and the attorneys of their choice of the situation;
(viii) specify the penalty or penalties that may be imposed for noncompliance with the order of quarantine pursuant to § 32.1-27; and
(ix) include a copy of § 32.1-48.010 to inform any person or persons subject to an order of quarantine of the right to seek judicial review of the order.
end quotes
Was any of that ever done, Bernie?
To your knowledge, did the Virginia commissioner of health ever explain the reasons why exceptional circumstances apply and the quarantine is the necessary means to contain the risks of transmission of the disease?
As to the rights of businessmen on the Eastern Shore or in Exmore, or Cape Charles, did the Virginia commissioner of health ever provide any of you with a copy of § 32.1-48.010 to inform any persons subject to an order of quarantine of the right to seek judicial review of the order?
And if you have the right to seek judicial review, which means the commissioner’s order can be overturned, then it stands to reason that he is not a Poobah, and as you wish, that section of your law in fact gives you what you wanted, which is that the solution here can still be local.
However, if you people don’t know the law, or think the law is a bunch of bull**** as so many people in America do today in this day and age of deregulation, then you have hoisted yourselves by your own petard and deserve exactly what you got, which is screwed by your own stupidity, which takes us back to Getting back to Virginia Code § 32.1-48.09, to wit:
D. The State Health Commissioner or his legal representative shall, as soon as practicable following the issuance of an order of quarantine, file a petition seeking an ex parte court review and confirmation of the quarantine.
E. The petition shall be filed in the circuit court for the city or county in which the person or persons resides or is located or, in the case of an affected area, in the circuit court of the affected jurisdiction or jurisdictions.
The petition shall include (i) a copy of the order of quarantine or all information contained in the State Health Commissioner’s order of quarantine in some other format and (ii) a summary of the findings on which the Commissioner relied in deciding to issue the order of quarantine.
Upon receiving multiple orders of quarantine, the court may, on the motion of any party or on the court’s own motion, consolidate the cases into a single proceeding for all orders when (i) there are common questions of law or fact relating to the individual claims or rights to be determined, (ii) the claims of the consolidated cases are substantially similar, and (iii) all parties to the orders will be adequately represented in the consolidation.
end quotes
Due process of law, Bernie, staring you right in the face there.
At any time, according to your own laws and Constitution, you people on the Eastern Shore could have stood up to tyranny like the Virginians of another age did, but you all decided to remain silent, instead.
So if you got screwed down there, you all did it to yourselves.
And I hope you are having a great Memorial Day weekend!
And thanks for your service, Bernie, and welcome home!