if I am spreading typhoid or some other contagion be it in my business or leisure, existing public health law gives the govt authority to quarantine me. It is a matter of public health not the civil rights of a person to be able to infect or be infected.
So, are you saying that if two private individuals are having unprotected sex, the government has a right to quarantine them? If not, I don't fully understand your position.
Take these two situations.
I like having unprotected sex. I'm a member of barebacksexisgreat.com and constantly hook up with other people who don't feel like using condoms. Two or three times per day, I have unprotected sex with people I meet there, at bars or wherever. Before having sex, I always make a point of explaining the risks of this unprotected sex with my partners and don't engage in the sex unless they fully understand the risks and potential consequences inherent in this activity and want to do it anyways.
I run an escort agency which specializes in unprotected sex. My ad states "Tom Sawyer's Escort Agency. I cater to clients who prefer to have sex without a condom and generally see two or three such clients per day. There are risks inherent in this activity (click
here for more information) and if you accept these risks and the potential consequences thereof, give me a call. Rates starting at $200/hour".
In both of these situations, the exact same number of people are having the exact same amount of unprotected sex, making the public health risk exactly the same.
From my point of view, the government's reaction to them would be completely different based on the fact that one is a private transaction and the other is a business activity. For the first situation, the government would be limited to trying to convince us to not do this, handing out flyers detailing the risks, etc. They may not like the fact that we're engaging in risky sexual behaviour, but it's a private activity and they have no place in our bedrooms and everyone involved is aware of the risk and has consented to the risk, so their response is limited to providing information.
For the second situation, the government is fully within its rights to shut down my business and stop me from seeing my clients. I am legally employed in a profession which has a set of health and safety regulations that includes wearing a condom during sex and I am in violation of those regulations. That means that the government has a right to bar me from running my business in this unsafe manner and the fact that everyone involved is aware of and consents to the risks of the activity isn't relevant to the fact that the government can stop us from engaging in this activity as a part of a legal business.
You seem to be saying that the government's response to both situations should be exactly the same, since both are private transactions between individuals and they either have no standing to enforce any health and safety rules they've implemented for the profession or that they have a right to act against two people who decide to have unprotected sex when they hook up on their own. I'm not trying to sound snarky or anything here, but that's how I'm reading your posts and I want to know if I'm understanding you correctly. If I'm not, what would be the difference in their response to each of these situations and why?