Legal authority of public health officers

[Ryan-and-Darnie0]

We have listing in three counties in CA, all of them at 0% occupancy since mid March. We're bleeding money like most hosts here.

My question is about the legal authority of the public health officers at various levels of government to close down businesses and restrict short term rental operations. Has anyone here looked into this, spoken with an attorney or have references to reliable information? What is the legal basis for this? 

For those hosts in CA specifically, are you calling your county office to get clarity on the restrictions? Have you also registered a complaint or expressed your concerns? Have you called the local sheriff's office to find out about enforcement? It seems several sheriffs have come out against some of this nonsense already, which is great. 

We called Newsom's office yesterday Apr 30 and were told that there is nothing in the statewide order restricting inter-county travel, and nothing banning short term rentals specifically, and that it's up to each county what the rules are. Perhaps STRs fall under "non-essential travel / business"? If that's the case, then those should open up again under Phase 2, correct? I spoke to El Dorado county (Lake Tahoe) and was told they requested permission from the Governor to open up under Phase 2 already (and are able to meet all the requirements thereof), but have yet to hear back. Lake Tahoe is predominantly a tourist-based economy sot hey're hurting pretty hard right now.

[Helen427]

Hello @Ryan-and-Darnie0  from across the miles  in Auckland, New Zealand

Excellent work on your part to follow up on those things., it's great to see someone else who is proactive.

Public Health Acts in there various names across the world are generally published online.

Make sure you read it in conjunction with the Civil Emergency & Corona Virus Acts...

Public Health Officers are legally obliged to act within the law & expeditiously. 

There's always "grey areas " in laws for a valid reason, look for them in the legislation & use them to your advantage.

Frankly I'm at a loss how "scientists/ Professors" from universities who have created this world wide crises were ever able to take an international "blanket approach" to create epidemics in our countries about matters well outside of there scope of practice & knowledge & then claim a pandemic or should that be a Panic demic  for us all to bear the brunt of.

Good on the authorities who are taking your side & have been helpful!

They must be absolutely over this lockdown nonsense to like they are here...many of whom had to work & deal with senselessness with the New Zealand flag referendum a few years ago.

 Whilst epidemics are included in both the Public Health Act & Civil emergency legislation,  It's not like there's been floods, earthquakes, tornadoes, hurricanes, tsunamis or fires worldwide to contend with, is it?

 it's most unfortunate that a tick the box approach of around four common symptoms for other illnesses that of pneumonia, dry throat, chronic cough and runny nose have been used to diagnose Covid 19 & those peoples usual Doctor who know their patients haven't been able to provide the care they are qualified to as there's based on the balance of probabilities misdiagnosis due to all the over the top media coverage about Covid 19.

For a virus that's claimed by "experts" to have originated from bats in a market in China to spread into Aged Care facilities causing deaths in our elderly in the way the experts claim it has is beyond belief!!

 There's some great legal discussions online.

An Airline operator in the UK is taking the legality of the use of The Public Health Act situation to Courts of Law which is good to see. 

 More will follow and there's likely to be lawsuits against those who are rubber stamping research papers and governments who have signed them off without factoring into account other aspects of our democratic rights enshrined under laws.

The European Union Courts of Law have written a few very good documents, that are online & free to read , about legal obligations and rights expressly relating to Coronavirus/ Covid19 which may help with understanding one's broader rights.

So long as you act in accordance with common law you should be fine to host & be an ABB Guest.

All the best

Central To All Home & Location

Remuera, Auckland, New Zealand 

[Ryan-and-Darnie0]

This is from the Texas supreme court, but it might offer a glimmer of hope when it comes to challenging the legality of the lockdowns. 

https://www.txcourts.gov/media/1446506/200340c.pdf

"The Constitution is not suspended when the government declares a state of disaster." In re Abbott, No. 20-0291, 2020 WL 1943226, at *1 (Tex. Apr. 23, 2020). All government power in this country, no matter how well-intentioned, derives only from the state and federal constitutions. Government power cannot be exercised in conflict with these constitutions, even in a pandemic."

and

"As more becomes known about the threat and about the less restrictive, more targeted ways to respond to it, continued burdens on constitutional liberties may not survive judicial scrutiny."

And this out of Wisconsin:

"Cooper & Kirk files case in Wisconsin Supreme Court challenging stay-at-home order. Complaint cites violation of free speech and exercise."

https://drive.google.com/file/d/1lSJMpfVG4bqPSJBVWqQd80AqD4CpgNho/view