Sheriff Adam Fortney, who took an oath to enforce the law, is not a member of the legislative or executive branches where laws are enacted, nor or a member of the court where the constitutionality of laws is determined, and he needs to do some authentic research before speaking. In 1905 the U.S. Supreme Court ruled in the case of Massachusetts v. Jacobson that states have the authority “to enact quarantine laws and health laws of every description” in their “legitimate exercise … to protect public health and safety of citizens.” Jacobson, who refused small pox inoculation in the midst of a 1902 outbreak, believed his right to refuse the inoculation was greater than the right of the general public to be safe.The court unequivocally said he did not and that states had the power to enact — and enforce — laws that would protect the general public.
Second, Fortney needs to recognize the extreme nature of the current fight we are waging against this virus.During the three years of the Korean War, 33,686 American lives were lost. During twelve years of the Vietnam War 58,220 American lives were lost. In two months of fighting COVID-19 about 60,000 American lives have been lost. Certainly we need to put as much work and sacrifice into defeating, or at least containing, this virus as we did on the battlefield. It’s not too much to ask or to expect, and yes, it will be hard.
While Fortney’s stance may play well with extremist groups and take advantage of the pain and fear many residents feel, it is incorrect from a legal standpoint and ignorant from a historical perspective. Gaining his 15 minutes of fame could well contribute to unnecessary cases of COVID-19 and the Inevitable increase in deaths.
Janis Case
Edmonds
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