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Old 05-16-2020, 02:36 PM
 
Location: Tyler, TX
23,861 posts, read 24,119,613 times
Reputation: 15135

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Over the past couple of weeks, I've noticed that most of the discussions on the stay-at-home orders are really screwed up.

Generally speaking, the anti- crowd has been arguing for and about freedom & liberty, while the pro- crowd has been arguing for and about reasonable safety precautions.

They're two different discussions.

For instance, I've been labeled a monster, someone who wants to kill old people, someone who only thinks for themselves, etc., because I've been arguing that these orders are unconstitutional. Nothing could be further from the truth, and if y'all knew my personal situation with regard to the virus, you'd probably agree.

I'm all for people practicing reasonable safety precautions. I really don't disagree too much with the pro- crowd about what people should be doing. In a discussion about best practices to stay safe, we'd be largely in agreement.

But in a discussion about the legality of these orders, I'm going to be VERY strongly against them, because they're in direct conflict with the Constitution. It has nothing to do with safety or best practices in that discussion, because that discussion is about the law.

The bottom line, for me anyway, is that my rights aren't for sale. Not for cash; not for power; not for safety. We formed a nation, including fighting a war against the most powerful military in the world at the time, all while a smallpox epidemic was taking place. We can handle this.
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Old 05-17-2020, 08:10 AM
 
Location: NW Nevada
18,161 posts, read 15,635,416 times
Reputation: 17152
Yeah. I get it. I totally respect folks who want to stay home, distance, wear a mask, whatever. But being ORDERED by the governor to do whatever he says and I'm kinda....ummm...what did you say?!

Last time I was under authoritarian orders was when I was still under my Dads roof and I was 17. I just watched a vid a buddy sent me from NYC.

FIVE cops, to deal with a woman who's mask wasnt on right. OOOOK then. 5 cops in NYC didnt have anything more pressing than that? You'd think she was wearing a bomb vest. Or far worse, wearing a t shirt with an AR 15 on it.

I'm like you. I have no issue with the precautions Some sensible changes we need to deal with for a while. I dont want to get sick or see anyone else put at risk of it.

I used to work with a guy who insisted on coming in when he was sick. And he'd pass to everyone in the shop. Usually me first. I get it. BUT...turning LE loose on people because an elected official has assumed total power runs me raw. Last time I got rubbed that raw I was 10 and decided I was going to wear my sneakers to ride gathering strays with my Dad.

It never happened again. So as much as I understand the need for proper behavior and precautions being ordered under threat of government action to go above and beyond does sit wrong.

And people who's livelihood and lives are being irreparably destroyed by all this is just wrong. Nobody is going to pay their bills for them. And the Bill's haven't stopped because of covid.

All those places still want their money. Electricity, gas, insurance companies, medical, credit cards, and the government that's telling you that you CAN'T work or has closed your business as non essential still wants its taxes.

The wheel hasn't stopped turning.
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Old 05-17-2020, 08:20 AM
 
Location: Somewhere gray and damp, close to the West Coast
20,955 posts, read 5,546,892 times
Reputation: 8559
Posts #1 and #2 -- well said.


I wear my mask. I love not having to get any closer than 6 feet from most people. That's where compliance needs to end.
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Old 05-17-2020, 08:23 AM
 
Location: Barrington
63,919 posts, read 46,758,281 times
Reputation: 20674
At the appropriate time, down the road, there will be endless post mortems at the municipal, county, state and country level to determine best practices.

What is appropriate in say NYC metro, makes no sense in Cheyenne, Wy. The differences in population density, public transportation and prior exposure to International arrivals from hot spots in Europe make a huge difference

The number of international arrivals At JFK was multipleS of another state’s entire population.
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Old 05-17-2020, 08:36 AM
 
Location: Barrington
63,919 posts, read 46,758,281 times
Reputation: 20674
About 5% of the elderly population reside in nursing homes.


Many states required nursing homes to house C- 19 residents, when the facility had the ability to isolate those residents and the employees had adequate PPE. We know with certainty, front line healthcare workers, first responders and caregivers did not have adequate PPE. We know the scarcity of tests meant front line health care workers, first responders and caregivers were not being tested unless seriously symptomatic. Even then, it was often a challenge to be tested.

Thinking it is unlikely nursing home residents were massively infecting each other. Rather, infection spread by the employees.

In a nursing home 50 miles SW of Chicago, it is known a single janitorial employee spread the infection. He died. So did 27 residents who had contact with Him andthe TV tables he set up in their rooms so they could dine in.

He had no PPE and was never tested because of the scarcity of tests.

This scenario has repeated all over the US.
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Old 05-17-2020, 08:47 AM
 
Location: Houston
26,979 posts, read 15,892,870 times
Reputation: 11259
No rights are unlimited. Courts may hold that the state has a substantial interest in preventing illness and death.

I'd be interested in any prior court rulings, possibly from the Spanish flu epidemic era.

On our current court I've got it 4-4 with Roberts the deciding vote when it comes to stay at home orders limiting the general populace.

An article on this matter in Forbes:

https://www.forbes.com/sites/evanger.../#580d6b93104e

From that article:

Quote:
Preventing the spread of a pandemic is obviously a compelling government interest. Therefore challenges to any restrictions would turn on whether they are narrowly tailored to do that. One reason they may not be narrowly tailored is if they are egregiously excessive. But the courts will likely grant the government a lot of latitude on that question. In the Jacobson case, the pastor who didn’t want the vaccination argued that there was a difference of opinion about the effectiveness and risks of vaccinations. The Supreme Court responded: “The fact that the belief is not universal is not controlling, for there is scarcely any belief that is accepted by everyone. The possibility that the belief may be wrong, and that science may yet show it to be wrong, is not conclusive, for the legislature has the right to pass laws which, according to the common belief of the people, are adapted to prevent the spread of contagious diseases.”
The vast majority of businesses should be able to maintain social distancing.

Last edited by whogo; 05-17-2020 at 09:01 AM..
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