Maine’s order requiring out-of-state residents to self-quarantine prior to entering campgrounds, a requirement that does not apply to state residents, is discriminatory and violates constitutional rights, the Justice Department (DOJ) said.
Mills issued an executive order on April 3 that required the closure of all lodging operations within the state, including campgrounds and RV parks. It also required residents and non-residents who were traveling into Maine to “immediately self-quarantine for 14 days.” Violations of the order may result in up to six months in jail and a $1,000 fine.
“Maine likely has transgressed the Constitution’s limits by discriminating between Maine residents and out-of-state residents with respect to the ability to patronize campgrounds and RV parks within the State,” the DOJ wrote in its court brief. “Residents from outside Maine must self-quarantine for 14 days before they can enjoy these facilities, while Mainers who have not ventured outside the State may frequent them at any time.”
“That is true regardless of whether the Maine resident has recently come in contact with others suffering from COVID-19 or whether the out-of-stater hails from an area relatively unscathed by the pandemic (such as nearby Vermont) or a hotspot (such as New York City). And this self-quarantine requirement has caused real harm for Maine’s campground businesses, at a time when Americans most need their States to support efforts to reopen businesses in a manner consistent with public health,” the DOJ added.
It added that the self-quarantine requirement had “contributed to the significant economic harm” to campground business that “rely on out-of-state patrons each summer for their income.” The department said one of the plaintiff’s, Bayley’s Campground, received over 700 reservation cancellations, refunded over $150,000 in reservation fees, and lost over $260,000 in revenue.
The Constitution does not permit such discriminatory treatment, the DOJ argued, saying that while the state may adopt reasonable measures to protect its residents, it cannot discriminate between Mainers and other U.S. citizens “unless that distinction is substantially related to ensuring public safety.”
“The United States Constitution requires government to protect the privileges and immunities of all citizens in our nation,” Assistant Attorney General Eric Dreiband of the Civil Rights Division said in a statement.
“These privileges and immunities include the right of Americans to travel freely anywhere in our country, and state governments cannot limit the right of out-of-state Americans to travel to their state unless doing so is substantially related to protecting the public safety.”
During the interview, he said the DOJ has been monitoring the types of restrictions governors are imposing during the pandemic. If the DOJ believes any restrictions go “too far,” he said, the department may first attempt to negotiate with the states to roll back or adjust the orders.
If the governors don’t cooperate, and individuals bring lawsuits against them, then the DOJ may file a statement of interest in support of the individuals bringing the cases, he said.
