Gov. Ron DeSantis of Florida, issued a controversial executive order that is being labeled a “Stay Away” Order aimed at those planning to travel from New York to Florida during the coronavirus outbreak.
In an appearance on Fox News, Criminal Defense attorney Brian Claypool advised that a “preliminary injunction” could prevent Governor DeSantis from enforcing this order. Claypool believes that the request will be granted because the Executive Order is “unconstitutional” and Florida will have to deploy a different strategy o protect their state.
The governor has mandated those arriving to Florida from New York to self-quarantine for 14 days.
The Supreme Court has ruled that travel can be restricted if a person is determined to be sick, critics debate that this executive order is extreme because the State is restricting travel without providing “convincing and overwhelming” evidence that a particular citizen is sick.
In a press conference explaining the details of the executive order Gov. DeSantis said that the National Guard will accompany “some other health folks” at the airport terminal when the planes arrive to New York. Upon arrival, the passengers must provide officials with the address where they have agreed to self-quarantine before being allowed to exit. The governor reiterated that the restrictions are “enforceable under the executive order.”.
In response to whether or not Gov. DeSantis was abusing his power Claypool said “You still have constitutional rights, even when these governors issue these broad and excessive executive orders.”. He went on to add “In this case, people traveling from New York clearly have a constitutional right, like you said, freedom of association is one, the commerece clause and on top of that you have the Privileges and Immunity Clause.
Bryan Claypool claimed that travelers that invoke the Privileges and Immunity Clause, which is meant to prevent a state government from discriminating against a member of another state for any reason, including medical conditions, but they are still risking bein detained until a judge makes a decision.
Critics of the order claim that the order is not practical either, citing the difficult task of tracking those that make entry on state highways and the issues that arise when it slows down the economy because goods are having difficulty making entry at the border.