VT ending quarantine restrictions

[Dickc]

Just a reminder, Vermont cannot treat residents different from non-residents. That is unconstitutional. Out of state visitors do not have to follow different rules than a Vermont resident would be subject to.

Article. IV.​

Section. 2.​

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

I believe this means that you must treat citizens of other states the same as your citizens. Vermonts quarentine requirements were for ALL, be they citizens of other states, or Vermont residents.

 

[Domeskier]

Article. IV.​

Section. 2.​

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

I believe this means that you must treat citizens of other states the same as your citizens. Vermonts quarentine requirements were for ALL, be they citizens of other states, or Vermont residents.

What if they had a law that requiring everyone driving in or through the state to have a Vermont-issued drivers license? Although such a law would apply equally to Vermonters and non-Vermonters alike, it would impose a huge and disproportionate burden on out of state drivers (and probably violate the commerce clause to boot). I am not suggesting Zermatt is correct (I suspect the Vermont quarantine rules would be upheld on challenge), but the fact that the rules apply equally to Vermonters who return from out-of-state does not make them immune from challenge under the privileges and immunities clause or the commerce clause.

 

[Dickc]

What if they had a law that requiring everyone driving in or through the state to have a Vermont-issued drivers license? Although such a law would apply equally to Vermonters and non-Vermonters alike, it would impose a huge and disproportionate burden on out of state drivers (and probably violate the commerce clause to boot). I am not suggesting Zermatt is correct (I suspect the Vermont quarantine rules would be upheld on challenge), but the fact that the rules apply equally to Vermonters who return from out-of-state does not make them immune from challenge under the privileges and immunities clause or the commerce clause.

If you think about it, Vermont requires drivers to be licensed. If you are out of state, that means by your states DMV, for Vermonters, it by THEIR DMV. The clause is basically interpreted to mean that Vermont (or other states) cannot require something of an out of stater with out requiring something SIMILAR for in staters.

 

[Domeskier]

If you think about it, Vermont requires drivers to be licensed. If you are out of state, that means by your states DMV, for Vermonters, it by THEIR DMV. The clause is basically interpreted to mean that Vermont (or other states) cannot require something of an out of stater with out requiring something SIMILAR for in staters.

No fighting the hypothetical! But actually, the clause is interpreted to mean that states cannot discriminate against nonresidents with regard to constitutional rights or the ability to earn a livelihood unless there is a substantial reason for the difference in treatment AND the discrimination bears a substantial relationship to the state's objective. Whether residents are subject to a similar rule is largely irrelevant to the analysis.

 

[Zermatt]

I don't think so. Requirements appear to be the same if you are a visiting non-resident or a returning resident. Point is, and always has been, that if you were somewhere else that was not Vermont and now you are here in a place that is Vermont, you need to follow XYZ requirements no matter who you are. I dont think it is that complicated.

That makes sense. I thought the new rules had somehow changed to apply to residents differently than visitors.

 

[Harvey]

"Make Skiing Expensive Again"

This made me laugh. Comment on megapasses or....?