VIRGINIA BEACH, Va. (WAVY) — In the last several weeks, executives in states across the county have closed beaches, limited gatherings and put into place travel restrictions in efforts to stop the spread of the coronavirus.
But do they ultimately have the authority to do so?
On Tuesday, a protester calling for North Carolina Governor Roy Cooper (D) to allow businesses to re-open was arrested in Raleigh for violating an executive order that limits gatherings.
A co-founder of the #ReopenNC group said business owners should “be allowed to exercise their rights to open back up for business.”
In Virginia, former newspaper columnist Kerry Dougherty asked readers on her website “Where’s the outrage?” surrounding restrictions that seem to clash with those detailed in the U.S. Bill of Rights.
“A lot of what is being done by both federal governments and states these days is unconstitutional,” said Brad Jacob, a law professor at Regent University who specializes in constitutional law. “There is right to freedom of assemble. A right to travel freely from place to place.”
Jacob said nowhere in the Constitution is there language about those rights being suspended either.
So should the people fight? Jacob said, if he was your counsel, he’d advise against it.
“No court is going to challenge these types of actions that are designed to keep people safe,” Jacob said.
Recently, a judge denied a southwest Virginia man’s request for a temporary injunction to block one of Governor Ralph Northam’s (D) orders. He argued it was denying his right to religious freedom.
Jacob’s believes that the nation’s founding fathers would not scoff at actions some leaders are taking now.
“There are times when the government just needs to do what they need to do to help the country survive,” Jacob said.
He said once it appears the government is trying to take advantage of the crisis to infringe on rights or certain groups become unfairly discriminated against, then people should be concerned.
“As long as it is temporary and everyone falls under the same set of rules, I don’t think we need to be outraged,” Jacob said.