The coronavirus, Ebola, and other communicable diseases may pose a great threat to public safety, but the historical responses of state governments to these threats often undermine the core American values of individual freedom and property rights. State and federal isolation and quarantine law and civil commitment law have developed intermittently, and they do not provide adequate protection for individual rights. Louisiana avails itself of sweeping public health powers, but it should reconsider the breadth of its current stance and more narrowly tailor response options to ensure freedom and property rights are protected. The legislature can do this by enacting due process protections in the communicable disease setting, by creating prophylactic measures to protect property rights during a disease outbreak, and by penalizing those who disregard safeguards aimed at protecting liberty and property rights during a public health emergency. Together, these measures will help protect the community while also respecting the principles of freedom and property rights.
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