May 31, 2007

A License To Ill?

This case certainly concerns me because of the public health issues it raises.

A man who may have exposed passengers and crew members on two trans-Atlantic flights earlier this month to a highly drug-resistant form of tuberculosis knew he was infected, and had been advised by health officials not to travel overseas.

The man flew to Paris from his home in Atlanta on May 12 for his wedding and honeymoon, even though health officials told him they “preferred” that he not get on the flight, he said in an interview published today in The Atlanta Journal-Constitution.

Days later, while he was in Italy, he was contacted by officials of the Centers for Disease Control and Prevention, and was told that he had a rare and potentially virulent form of the disease and should turn himself over to Italian health authorities immediately.

Officials of the centers said at a news conference today that they had begun to make arrangements with the Italian authorities to isolate and treat the man in Rome. But instead of cooperating with the plans, the man traveled to the Czech Republic and took a flight from Prague to Montreal.

He said in the published interview that he did that in the belief that he had been put on a no-fly list and would not be allowed to board a flight bound for the United States.

From Canada, he drove to the United States, and then turned himself in at a tuberculosis isolation hospital in New York City.

This is precisely the sort of entitlement-fueled arrogance that allowed the AIDS epidemic to spread -- the idea that the public does not have the right to be protected against highly communicable diseases because of the purported right of the plague carrier to be free of limitations on their freedom, the rest of society be damned. Knowing that he was ill and carrying the disease, we have a guy knowingly and intentionally exposing hundreds -- if not thousands -- of people to a didease that is drug-resistant and can kill its victims.

And the ACLU wants to make such a self-indulgent "license to ill" the law of the land in America. Just look at this suit.

A federal lawsuit filed Wednesday by the American Civil Liberties Union alleges that Maricopa County officials have violated the rights of a quarantined tuberculosis patient for months by treating him as a criminal.

The U.S. District Court complaint on behalf of Robert Daniels alleges health officials and the Maricopa County Sheriff's Office have violated numerous constitutional rights and the Americans with Disabilities Act.

The suit asks that Daniels be housed in appropriate accommodations, rather than the severe and "inhumane" jail conditions.

"It's good news for me," Daniels said Wednesday evening. "I finally have a chance to get out of this black hole."

Robert England, the county's tuberculosis control officer, declined comment. Other county health officials were not immediately available.

Daniels, 27, has been isolated in a jail ward at Maricopa Medical Center for 10 months under court order, although he was not convicted or charged with any crime.

Linda Cosme, an attorney for Daniels, said her client has been victimized by constitutional violations. "Robert is helpless," she added. "And he's at the mercy of Sheriff Joe Arpaio. He needs as much support as possible, and the ACLU is supplying that support."

Arpaio said Daniels is confined under court order, and must abide by security measures. "I run a safe jail, and he's going to be treated like anyone else," he said.

The problem is that the only facility equipped to handle such a severe health issue in that county is the secure ward. And while Daniels thinks it is good news for him that someone is trying to spring him from the most appropriate medical facility in the region, it is bad news for every person that Daniels will come in contact with in a less secure setting -- those who may die due to the disease that Daniels passes on to them.

If terrorists ever want to do a biological attack on the US, all they have to do is send in a dozen guys with Ebola. The ACLU will quickly file suit to ensure the attack is a success. After all, public health and public safety can't trump the freedom to pass on deadly diseases.


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