If deadly disease on BART can Police keep passengers from leaving the train?

BART Quarantine
BART Quarantine

Under California law, if someone exhibits signs of a deadly disease on BART Can the police (or anyone) keep passengers and others from leaving the train and/or station?

Recently, my Inns of Court group gave a presentation on the law of Quarantine. Through vignettes set on a BART train, we explored how the ancient law of quarantine is applied to our modern society. We touched on the world history of quarantine, bringing it to our present day and community. The players were Judge Joyce Cram, Ret., Commissioner Don Green, Ret., Nancy Allard, Wally Hesseltine, Kristen Howe, Rodney Marraccini, Lisa Mendes, Jennifer Sommer and myself.

Here is a sample of the interesting information we studied. For an automatic reminder of the next question and answer please subscribe to my blog on my Home Page. See “Receive Free Tips & Updates” in the lower right-hand corner.

Under California law, if someone exhibits signs of a deadly disease on BART Can the police (or anyone) keep passengers and others from leaving the train and/or station?

Orders to quarantine, limit movement, etc. properly come from federal, state, and local Health Officers. The orders are implemented by local enforcement agencies, i.e. police, with violations prosecuted by the District Attorney.

In California, Health Officers are authorized to control contagious, infectious, or communicable disease and to “take measures as may be necessary” to prevent and control the spread of disease within the territory under their jurisdiction (Health and Safety Code§120175). Potential actions include, without limitation:
– Limiting movement of individuals and groups
– Closing/restricting public assemblies or gatherings
– Evacuation, examination, inspection, vaccination, decontamination, disinfection, property destruction or commandeering
– Compelling assistance

Answer: Yes, if the circumstances warrant it.

Putting aside Quarantine for a minute, Mediation is one of the best ways to resolve disputes. For an experienced Mediator to help negotiate a resolution to your dispute contact Ken Strongman (www.kpstrongman.com).

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

By Ken Strongman

As a full-time, Mediator and Arbitrator since 2004, Ken’s overarching purpose is to leave the disputing parties in a better position than when they came to him. Ken works to unite people into purposeful and unified directions, actions, and efforts by getting under surface appearances. By doing so, he facilitates the parties in developing their unique solutions. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates.