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Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties (2018)

Chapter:ACRP Legal Research Digest 34: Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties

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Suggested Citation:"ACRP Legal Research Digest 34: Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties." National Academies of Sciences, Engineering, and Medicine. 2018. Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties. Washington, DC: The National Academies Press. doi: 10.17226/25227.
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Legal Research Digest 34 AIRPORT COOPERATIVE RESEARCH PROGRAM Sponsored by the Federal Aviation Administration August 2018 AIRPORT PUBLIC HEALTH PREPAREDNESS AND RESPONSE: LEGAL RIGHTS, POWERS, AND DUTIES This digest was prepared under ACRP Project 11-01, “Legal Aspects of Airport Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. Under Topic 09-01, this digest was prepared by Leila Barraza, Mel and Enid Zuckerman College of Public Health, University of Arizona, Tucson, AZ, and Elizabeth Hall-Lipsy, College of Pharmacy, University of Arizona, Tucson, AZ. Responsible Senior Program Officer: Marci A. Greenberger Background There are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 survey conducted by Airports Council International–North America concluded that city ownership accounts for 38 percent, followed by regional airports at 25 percent, single county at 17 percent, and multi-jurisdictional at 9 percent. Primary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys. Research reports and summaries produced by the Airport Continuing Legal Studies Project and published as ACRP Legal Research Digests are developed to assist these attorneys seeking to deal with the myriad of legal problems encountered during airport development and operations. Such substantive areas as eminent domain, environmental concerns, leasing, contracting, security, insurance, civil rights, and tort liability present cutting-edge legal issues where research is useful and indeed needed. Airport legal research, when conducted through the TRB’s legal studies process, either collects primary data that usually are not available elsewhere or performs analysis of existing literature. Foreword Modern air travel has frequently been cited as a leading cause for the rapid spread of disease within countries and internationally. Recent outbreaks of SARS, MERS, Ebola, and Zika have focused the debate on a number of issues surrounding air travel, including isolation and quarantine, restrictions on freedom of travel, and screening protocols. A number of issues expose the lack of clarity on the respec- tive powers and duties of airport and airline personnel, governments (including federal, state, and local entities) and public health authorities, and the insufficient commu- nication and coordination among local, state, national and international stakeholders. Numerous legal issues are associated with these inherent challenges, but through planning and coordination with relevant stakeholders they can be addressed. This digest addresses the legal issues concerning the measures to detect communicable diseases, regulations to control communicable diseases, methods for decontamination, emergency legal preparedness, privacy, and potential sources of liability. This digest provides a checklist that airport attorneys and other staff can use to help prepare, plan, and coordinate with their partners in response to a threat of a communicable disease. This legal digest provides the background on multimodal or intermodal facilities. The history of the laws, rules, and regulations in this area are provided, as well as case studies to assist airport operators in understanding and navigating the complexity of multimodal developments.

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TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 34: Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties addresses the legal issues concerning the measures to detect communicable diseases, regulations to control communicable diseases, methods for decontamination, emergency legal preparedness, privacy, and potential sources of liability. This digest provides a checklist that airport attorneys and other staff can use to help prepare, plan, and coordinate with their partners in response to a threat of a communicable disease.

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