As several states have implemented quarantine or monitoring laws regarding those entering or re-entering from countries affected by Ebola outbreaks questions over the legality of such measures are arising. New York, New Jersey, Illinois, and several other states have instituted procedures to forcibly quarantine those returning from West Africa who have served as medical workers during the Ebola crisis.
At least one such medical worker has complained not only about the loss of her civil rights, but also about the lack of care and the poor conditions under which she is forcibly detained. Kaci Hickox, a 33-year-old Doctors without Borders, nurse was stopped in New Jersey under the state’s new law when she entered the state. She has spoken out publicly stating she is being held in a tent in a Newark hospital under conditions she states are inhumane. An epidemiologist working to help treat patients in Sierra Leone Hickox has tested negative twice for the virus and shows no symptoms of the disease. Still, under New Jersey’s law she is quarantined for 21 days under conditions the medical worker is referring to as substandard. She was given only paper scrubs to wear, was denied access to shower, had no flushable toilet, and was not given or allowed access to a television or reading material. After Hickox was able to communicate with her lawyers and the media the hospital updated the public stating Hickox was given her cell phone, computer, and was is now able to receive take-out food and drink.
Outside of these states officials fear these measures will not only discourage aid workers leaving the country to help with the Ebola crisis, and possibly curbing the epidemic before it can spread outside these regions, but there’s also another concern. The mandatory quarantine could discourage not only aid workers, but also dissuade others entering the country from affected countries from reporting this to public health officials. Someone could skirt the quarantine by flying into Canada and then driving into the U.S. Detaining those who show no sign of Ebola could in affect backfire dramatically on officials being able to monitor people who enter or re-enter the country.
On Sunday evening New Jersey state officials stated they had no plants to change their new protocols that allowed for home quarantine for residents, and the quarantine of non-residents of the state. Hickox has retained two lawyers to challenge her quarantine. Norman Siegel retained by the aid worker is prominent civil rights attorney, and he has public challenged the law as infringing on his client’s constitutional rights.
Senior government officials acknowledged on Sunday that new federal guidelines were under development that would protect U.S. residents from virus entering America, but that these measures would not affect the movement of aid workers traveling to and from West Africa. It was also acknowledged that the governors of New Jersey, New York, and other states were told of the governments concern of “unintended consequences” stemming from the state quarantine policies.
