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Public Health Emergency: Legal Preparedness & Response

Bayley’s Campground Inc. v. Mills

Overview

Bayley’s Campground Inc. v. Mills (U.S. District Court – Maine, May 29, 2020): A federal court in Maine denied a request for injunctive relief brought by a group of businesses and out-of-state individuals seeking to provide and/or access Maine lodging and campground facilities. The group challenged Governor Mills’ emergency executive orders warning out-of-state visitors that they cannot shelter-in-place during the COVID-19 pandemic unless they own or can rent property in Maine where they can quarantine themselves for 14 days. They argued that Governor Mills could not impose restrictions that deprive non-Mainers of their “fundamental right to travel and participate” in Maine commerce and that the restrictions violate the right to due process and equal protection. The court acknowledged the group’s important interests, including lost profits from summer travel season and the burden on out-of-state travelers, but ultimately found that such interests do not outweigh the state’s concern for public health in the face of the pandemic. Relief sought by the plaintiffs “would upset the bedrock of the state’s public health response to COVID-19.” Read the decision here.


View all cases in the Judicial Trends in Public Health – July 15, 2020.

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