Libby O’Brien Kingsley & Champion files brief challenging 14-day quarantine in Maine

Attorneys Gene Libby and Tyler Smith filed an opening brief (Principal Brief for Appellants) in the First Circuit Court of Appeals in a federal lawsuit challenging an executive order by Maine Governor Janet Mills requiring that all people arriving in the State of Maine quarantine for 14-days due to the COVID-19 outbreak. The lawsuit was brought by two Maine businesses that have been harmed by the 14-day quarantine, two New Hampshire residents, and one Maine resident.

The brief argues that the 14-day quarantine impairs the constitutional right to travel and discriminates against out-of-state residents; that this requires the Governor to show that the 14-day quarantine is narrowly tailored to a compelling governmental interest; and that the Governor has failed to do so.  As the record demonstrates, the 14-day quarantine is intentionally overbroad, is unnecessary to protect public health, and is more restrictive than approaches that have been successfully implemented elsewhere. Although the desire to err on the side of caution is understandable, the brief explains that this desire does not “authorize Maine to effectively isolate itself from the rest of the Nation” by excluding out-of-state residents.

This announcement is for informational purposes only and is not intended to serve as legal advice. The attorneys at Libby O’Brien Kingsley & Champion have extensive experience in civil litigation and appellate advocacy. If you are considering an appeal, please contact us at (207) 985-1815.

Gene R. Libby

Gene R. Libby
Partner

Gene has a rich history of litigation experience over the last 30 years. He has tried over 100 civil and criminal jury cases to verdict. His practice focuses on a wide variety of civil and criminal litigation representing individuals and small businesses, including divorce, real estate disputes, small business litigation, elder law, personal injury, professional… Read more »

Tyler J. Smith

Tyler J. Smith
Partner

Tyler’s practice is devoted to appeals, civil litigation, employment law, criminal defense, and defending operating under the influence charges. Before joining the firm in 2012, Tyler was a solo practitioner in Biddeford with a practice focused on criminal defense. After graduating law school, Tyler served as a judicial law clerk with the Maine Superior Court… Read more »