State and Local Border Restrictions Draw Legal Scrutiny

Some call restrictions at state and county borders necessary to protect the public health of communities. Others call them unconstitutional.

1 minute read

April 20, 2020, 12:00 PM PDT

By James Brasuell @CasualBrasuell


Road Closure

AlejandroCarnicero / Shutterstock

"When the number of coronavirus cases began to skyrocket, several states, including Rhode Island, Florida and Texas, took the unprecedented step of setting up border checkpoints to stop nonresidents who might be carrying the virus," according to an article by Luz Lazo and Katherine Shaver.

"In Florida and Texas, state troopers are requiring motorists from out of state and their passengers to sign forms promising to self-quarantine for 14 days. Florida, Rhode Island and Texas also require travelers to provide an address where they plan to shelter — and advise them to be prepared for a ­follow-up call or unannounced visit from public health officials," according to the article. 

In addition border control policies at state borders, local and regional governments have implemented similar controls all over the country, drawing scrutiny from legal experts, creating controversy, and provoking at least one lawsuit from angry vacation property owners. "Six residents from Maryland, Virginia and South Carolina who say they weren’t allowed to use their second homes in the Outer Banks [Dare County, North Carolina] filed a lawsuit against the county last week alleging that the closed border is unconstitutional because it discriminates against out-of-state citizens," report Lazo and Shaver.

Tuesday, April 14, 2020 in The Washington Post

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