Within the order, the governor cites RS 29:766(D)(7) as his grant of authority to issue additional orders such as to "shelter in place" or to declare certain occupations "essential" while deeming others to be "nonessential."
In actuality, RS 29:766(D)(7) authorizes the governor to “control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.” Clearly, this is meant to apply to certain areas in which a natural disaster has occurred, such as New Orleans after Hurricane Katrina. As a result of this false claim of authority, Gov. Bel Edwards has succeeded for weeks in keeping his boot placed firmly on the necks of the citizens and our state while orchestrating the slow and gut-wrenching destruction of our livelihoods and the state's economy.
As we are all well aware, the governor has ordered everyone to remain "quarantined" at home. However, within The LOUISIANA HEALTH EMERGENCY POWERS ACT (cited by the governor as his authority) the terms “quarantine” and “isolation" are clearly defined:
Ҥ762. Definitions
As used in this Chapter:
(7) 'Isolation' means the physical separation and confinement of an individual or groups of individuals who are infected or are reasonably believed to be infected with a contagious or possibly contagious disease from non-isolated individuals, to prevent or limit the transmission of the disease to non-isolated individuals.
(13) 'Quarantine' means the physical separation and confinement of an individual or groups of individuals, who are or may have been exposed to a contagious or possibly contagious disease and who do not show signs or symptoms of a contagious disease, from non-quarantined individuals, to prevent or limit the transmission of the disease to non-quarantined individuals.”
This means that the ONLY citizens the governor may have the authority to require to “shelter in place” are those who test positive for COVID-19 and anyone that has been exposed to them. Instead, the governor has required EVERY citizen to remain quarantined... that is, except for those that he deems to be “essential.”
The Louisiana Health Emergency Power Act requires that “The Subcommittee on Chemical and Biological Terrorism of the Homeland Security Advisory Council shall, within twelve months of its appointment, deliver to the governor a plan for responding to a public health emergency, incorporating all applicable provisions of the State Operations Emergency Plan and including provisions or guidelines on the following:
(3) Ensuring that each municipality and parish within the state identifies the following:
(d) Isolation and quarantine by the least restrictive means necessary to prevent the spread of a contagious or possibly contagious disease to others.”
Closing all businesses that the government deems to be “nonessential” is hardly the least restrictive means to prevent the spread of COVID-19. This is an especially glaring fact given that the CDC's guidances include no recommendations to close businesses or schools.
Interestingly, Gov. Bel Edwards failed to mention an important section of the same statute, namely RS 29:736 which details certain exclusions to any emergency authority the governor may actually possess:
"§736. Exclusion
D. Nothing in this Chapter shall be interpreted to diminish the rights guaranteed to all persons under the Declaration of Rights of the Louisiana Constitution or the Bill of Rights of the United States Constitution."
Please, call the governor at (225)342-7015 or (866)366-1121, and tell him to rescind his various orders relative to COVID-19 as acknowledgment that he has no authority to order blanket shelter-in-place orders; or, to decide whose jobs, businesses, and lives are essential/nonessential.