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Alabama COVID-19 Shutdown Orders & Stay-At-Home Orders are Unconstitutional

 

Alabama Stay at Home Orders and Your Rights

As the current pandemic (COVID-19) infections continue to increase across the country, many states along with Alabama are using criminal statutes to sentence people who deliberately or carelessly violate the stay at home orders.

Many counties across the United States, as well as Alabama, have put into place various shelter-in-place, work-safe, and stay-home orders to counter the public health emergency. A lot of counties in Alabama have established such orders and other health care guidelines. As well as the governor, the Alabama Supreme Court and several other administrative bodies have also sent out rules and directions to react to the current pandemic.

Alabama, like many other states, is applying criminal charges to enforce public health interventions, like lockdown and quarantines, to limit the spread of the virus.

Alabama's Stay at Home Orders

Governor of Alabama Kay Ivey has directed all citizens of states to stay in their home unless one of the broadly-defined and numerous exceptions implement.

In Alabama, Public health administrators use quarantine and isolation practices to prevent or restrict the spread of COVID-19. Isolation rule is being used to separate people who are sick with coronavirus from people who are well. For instance, hospitals isolate coronavirus patients with other patients. Alabama quarantine individuals who might have been disclosed to a contagious disease to check if they become sick. 

Potential exceptions

The notable exceptions to the stay at home order include entities and individuals that are considered to be involved in essential activities, trades, and services, including in the traveling that is inevitable to effectuate them. Any business or person found to be infringing the Governor's stay at home order may be subject to criminal charges.

You can visit the workplace if your job falls under an essential business. You can go out of the house to get basic mandatory supplies for yourself, family members, and relatives or friends who cannot leave their home. You may leave the house to receive or render the unavoidable services.

You may go to be part of a religious service, funeral, or wedding; however, the gathering at the ceremony must be fewer than 10 people or be a drive-in church service. Also, you are allowed to leave home with certain health precautions to take care of a family member or to gather at outside activities where less than ten people are connected.

Criminal charges against Alabama Stay at Home Order

At Governor Ivey's press conference, it is affirmed that violations of the stay at home Orders are punishable with criminal charges.

Any person who breaks the isolation order can be convicted with a misdemeanor. The penalty for the offense is a fine of no less than twenty-five dollars and no more than five hundred dollars. However, because the Order's exceptions provided along with order are so apparent, it is hard to see how law enforcement bodies could summon someone against infringement.

Isolation Orders by Federal Officials

The commerce clause of the United States Constitution entitles the federal government to quarantine and isolate. As part of its federal authority, the officials can monitor people coming to the United States and moving between states for pandemic diseases. The federal government of the USA has recently practiced these powers to quarantine and isolate cruise ships travelers exposed to the disease and to impose travel restrictions.

Isolations order by Alabama State

Alabama can use the police force to implement isolation and stay at home orders. Some states along with Alabama punish quarantine or isolation violations in the statute. These rules can change from state to state and can be certain or comprehensive. COVID-19 quarantines typically last 2 weeks which is known as the incubation period for the virus and must be in the least restrictive setting mandatory to maintain public health and safety.

As like in most states, violating a quarantine order is considered a misdemeanor in Alabama. Judges in different states have allowed the use of GPS monitoring gadgets for individuals who've overlooked quarantine orders after positive test reports for the COVID-19.

Job Dismissal under Coronavirus

The new Family First Act directs all employers to grant 14 days of paid sick leave at full compensation for employees that get ill or need time to attend to sick relative suffering, especially form coronavirus.

After the passing of 14 days, an employee can use leave for sickness or paid time off if it is feasible. If a company has over fifty employees in that they are subject to avail the Family Medical Leave Act. This Act enables employees to obtain up to 3 months of unpaid leave.

The employer may want employees to come to work even if any employees have valid and legitimate concerns about incurring the virus. The Alabama State Health Officer issued an Order on March 27, 2020, shutting all businesses which are nonessential to non-employees. This Order does not prevent employees from reporting to the job.

Alabama is a state of termination at will. That shows that employers possess power to legally fire employees for any reasonable reason or without any reason at all. However, employers cannot legally dismiss employees for a prejudiced reason such as color, age, race, sex, or national origin.

How Does Criminal Defense Lawyer Help?

It is observed that a number of people in Alabama may be convicted with breaking the Stay at Home order. In most examples, such charges bring other criminal charges that seem to be the basis for law enforcement bodies' involvement. However, it is not out of the range of possibility that stays at home order violations of the governor's order will become more common, especially if the order is prolonged beyond the current time limitation. Businesses are being forced to shut-down and small business owners are losing their ability to work because of an Unconstitutional Order by the Governor of Alabama.  Any business that faces a fine should contact us today to fight these Unconstitutional Orders in Alabama.  

Dealing with a criminal charge in addition to the current frustration of the COVID-19 pandemic can be devastating. Contact the Alabama criminal defense attorney Erik Fine if you or any of your loved one has been convicted with violating the Governor's Stay at Home Order.

If you are facing criminal charges in Alabama, contact now or call to 205-478-2498 at the Patriot Law Firm for immediate legal consultation.

 

Why Patriot Law Firm, LLC

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Put attorney Erik Fine, an American Patriot and staunch defender of our Constitutional Rights with years of law enforcement experience and successful legal representation to work for you today. Like our forefathers, attorney Erik Fine will fight for your rights against oppression with passion, dignity, and unmatched relentlessness.

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