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

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

A rendering of a high speed rain station in California, with wide platforms and a sleep train with yellow highlights.

California High-Speed Rail Authority CEO resigns after $600,000 scandal

Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.

October 30 - Cal Matters

 A bridge stretches across the Missouri River at Chamberlain, South Dakota.

Want to study the Missouri River? Soon, you may need unanimous approval from 10 states

Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.

October 30 - South Dakota Searchlight

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30 - Yale Environment 360