PRESS RELEASE

San Juan, Puerto Rico

March 30, 2020

ACLU PR OPPOSES MAYORS’ RESPONSE TO MILITARIZE PUBLIC STREETS IN PUERTO RICO TO ENFORCE
THE CURFEW AND QUARANTINE ORDERED BY THE GOVERNMENT OF PUERTO RICO

In our March 17 press release, we were clear that even though we recognize the state’s police power to
take extraordinary action at a time in which Puerto Rico has a national emergency, it must be understood
that said police power is not absolute. We also informed that the orders given by the government
establishing a lockdown are confusing in its enforcement. We have a 24/7 general lockdown and at the
same time a curfew at night, both resulting in law enforcement arresting and detaining people whom in
their view do not comply with the governor’s executive orders. Even outside of curfew hours, police
officers are authorized to detain people. The orders are not clear; they leave too much discretion in the
hands of law enforcement, which in the past has resulted in the violations of the people’s constitutional
rights.

Further, even when the government’s orders are confusing, the people of Puerto Rico have cooperated
and complied with staying home, understanding that this emergency affects everyone’s lives. Escalating
the curfew and lockdown into martial law would be a grave mistake.

Puerto Rico’s government has already imposed the most severe restrictions in all of the jurisdictions of
the United States and the Virgin Islands; also, more than many countries. We do not know how these
measures will affect the containment of COVID-19; but we do know that the numbers of infected persons,
in part due to limited testing in Puerto Rico. With the few tests administered, results published, and little
to no tracing of people in contact with persons testing positive for COVID-19, the government cannot
conclude that these constitutionally restrictive measures have led to a reduction in positive cases of
COVID-19. Social distancing measures are necessary, but they turn futile if not accompanied by other
rigorous strategies of pandemic control.

If the people allow the same government that did not take proper medical controls to limit the spread of
this deadly virus to restrict their constitutional rights, without a clear guidance of other strategies taken
to reduce the spread of COVID-19 virus, then we are opening the door to the governmental taking of more
constitutional rights. This puts the weight of the national emergency on the shoulders of the people,
while the government keeps operating behind closed doors without any transparency and
accountability.
We already saw that the government extend the quarantine, and even aggravate the curfew. Further, the
government extended the already confusing 24/7 lockdown along, with the previously revoked “Ley de
Cierre” or Closing Laws in Puerto Rico—ordering the closing of supermarkets on Friday, Saturday and
Sundays during holy week— without any explanation of need for such order. In addition, to be even more
punitive, the government announced that police will tow any car driven on public roads on days not
allowed. Is this a public health measure or is it just punitive? What interest is there in dismounting people
from their cars, when these same people could spread the virus, or be infected, while attempting
alternative means of transportation?

Once government suspends constitutional rights, with support of some citizens, we see additional
measures to restrict civil liberties and fundamental rights. Now, city mayors are requesting that public
roads be militarized—this would result in de facto Martial Law that does not comply with the
requirements set out in Puerto Rico’s Constitution. This is an unnecessary act. It would be an
exaggerated attempt at resolving the mayors’ concerns; and, will also complicate even more an already
confusing and improvised governmental order. The people of Puerto Rico have demonstrated their
understanding of the novel unprecedented times we are living.

We recognize that Governor Wanda Vazquez Garced can take extraordinary measures in response to
national emergencies that threaten the people, but they must not be unconstitutional measures. Even
when government measures may be held to be constitutional, in their application they may result in
unconstitutional action by law enforcement and/or military officers. We will know the answer to this when
abuse of power complaints taking place during the curfew and quarantine, if any, are made public.

A state’s power to act during extraordinary times has limits. It is not a license to strip away all
constitutional protections. These imposing measures by the Executive Branch—and further attempts to
legislate these orders into law will fail; they infringe on the separation of powers.

We are facing a pandemic that requires firm action by governments, and cooperation by the people, but
never measures that take away protections that took centuries to acquire and were won with sacrifice
and bloodshed. It is our responsibility to protect these fundamental rights every single day; they may be
easy to set aside, but once lost we face an uphill battle to regain them.

Governor of Puerto Rico, work with and for the people, not for the politicians. Say NO to the militarization
of Puerto Rico’s public roads.

Contact:
Wramirez@aclu.org
917.517.8861