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Licensed Unlicensed Requires Authentication Published online by De Gruyter June 22, 2022

Dallas, Houston, and San Antonio Public Health Ordinance During COVID-19. Are They Constitutional?

A Comparative Analysis on Texas Local Health Laws and Their Constitutional Limitations

Sana Achraf

Abstract

COVID-19 is becoming an increasing concern since its emergence in late 2019. Texas in particular has seen an increasing number of cases along with overloaded hospitals. Texas has not dealt with a pandemic as severe as this for decades and the government is quickly implementing procedures to mitigate the effects of COVID-19. These COVID-19 procedures are spiking concern in many individuals, causing them to question the constitutionality of these ordinances and if the government is infringing on their rights. In this paper we will analyze these procedures and how they originated. We will explore the different roles of federal, state and local governments in public health law and the extent of their authority during a public health crisis. This analysis will provide the answers and show you why the government is likely not infringing on your constitutional rights.


Corresponding author: Sana Achraf, Texas Tech University School of Law, Lubbock, TX, USA, E-mail:

Published Online: 2022-06-22

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