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During a workshop session, Councilman Dick Dornisch said he has problems with the proposed ordinance. It would give the health board powers to prevent and control the spread of the disease.
Dornisch said he has a problem with the health board power to "enter upon any premises within the city as a body or by committee, or by its agent or employee, to investigate any reasonable suspicion of the existence of an infectious or contagious disease."
The ordinance would also give the board the power to "issue orders for the abatement of any condition creating a risk of the spread of any infectious or contagious disease; order the isolation or quarantine of any person or animal, subject to the provision of any regulations issued by the Pennsylvania Department of Health, for the purpose of preventing or controlling any infectious or contagious disease; institute any criminal or civil proceeding for the enforcement of any order issued by the health board or by the health officer or any regulation issued by the health board; issue orders limiting or prohibiting public gatherings and events for the purpose of preventing or controlling the spread of infectious or contagious diseases."
Dornisch said the ordinance is "fearmongering" since it is aimed at the (H1N1) swine flu and there hasn't been anything on the books like this previously, he said.
"I find the language to be draconian. It's treating people affected by this like they are the villain rather than the disease itself," Dornisch said.
Dornisch said entering a home could violate the Constitution's Fourth Amendment ban on unlawful search and seizure. Even if a person is hiding a body or a bomb, law enforcement cannot enter the residence without a warrant, he said.
Swine flu isn't even news except for the fact that there isn't enough serum and what there is they are giving to the prisoners in Guantanamo Bay, Dornisch said.
Solicitor Mark Jacob said an ordinance cannot override the state and federal constitutional rights .
The recommendation for an ordinance came from the Board of Health and attorney Tom Wagner helped to write it up. Jacob said Wagner offered to speak to the council about the ordinance. Jacob said he would have Wagner or a health board member speak with the council about it.
Councilman Tom Farley said there is already language in the city code book similar to the ordinance that allows the board of health to enter private property if there is a nuisance.
The council rejected publishing the ordinance for the time being and will have it explained further by Wagner or a health board representative.
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Reported by JoAnn Seltzer, staff writer. E-mail:jseltzer@thecourierexpress.com.
