A legal threat from an off island lawyer for Acting Director of Youth and Women Affairs Pau Roy Ausage saying the American Samoa Government was acting illegally in enforcing the compulsory quarantine on visitors to the Territory was enough for authorities to release Pa’u from quarantine last week.
Pa’u had returned from a visit to Samoa when he was taken into quarantine along with many other travelers from Samoa.
Attorney Stephen Smith of Holmnes, Weddlle and Barcott of Idaho, which represents Pa’u along with MTL Law Office, wrote to Acting Attorney General Mitzie Jessop Ta’ase on March 30 saying there is nothing in the American Samoa Health Powers Act of 2007 “that explicitly authorizes ASG to subject incoming travelers, let alone U.S. Citizens and Nationals, to forced confinement.”
And while the Act gives the government authority to “utilize a broad range of flexible powers to protect and promote the public’s health during . . .[a] public health emergency”, it was also carefully crafted to balance the need to protect individual’s rights,” said Smith.
“Mr. Ausage and the other travelers arriving from Apia have not been granted the required Procedural Due Process. If the DOH intends to pursue its illegal quarantine, we are entitled to and hereby demand the opportunity to be heard before the High Court,” said Smith.
And the attorney does not just demand the release of his client.
“The ASG should immediately discharge all of the persons held in forced quarantine to home confinement and begin to treat all of its residents and nationals, and U.S. citizens equally,” he demanded.
The attorney questioned the premise for quarantining travelers from Samoa which has no COVID-19 cases, and described the ASCC Gym where Pa’u was first kept as appalling.
His letter also said that 15 US students who also arrived on the same flight as Pa’u were given a choice and were taken to a local hotel instead of being housed together at the government’s quarantine facilities.
The cabinet member was released from quarantine 2 days after Smith’s letter to the Acting AG.
Pa’u confirmed that he was now under self quarantine at his home.
Other travelers in quarantine did not receive the same treatment.
