Court rules man here for funeral can be released from quarantine if he tests negative for virus

Sgt. Robert Shawl’s told his story earlier this week and now he has lawyered up and takes the matter to the Superior Court of Guam. Shawl’s attorney Tom Fisher has filed a petition for a writ against the Government of Guam and the Department of Public Health and Social Services for allegedly unlawfully holding him in a GovGuam quarantine facility.

It was on Aug. 12 Shawl arrived on Guam in hopes of attending his younger brother's funeral that’s scheduled for tomorrow in Merizo. Shawl was ordered to quarantine in GovGuam facility, Oceanview Hotel and during this time he has not experienced COVID-19 symptoms and seeks release.

Today all parties made arguments in Judge Elyze Iriarte’s courtroom. Representing the respondents, Deputy Attorney General James Canto filed an opposition and argued that Shawl was sitting in close proximity to two COVID infected individuals, with public health’s protocol that’s dictated by CDC.

Public Health’s medical director and medical lead for pandemic response Dr. Jana Manglona testified, stating “CDC guidelines is clear that when you are traveling and in contact with an index you are treated as contacts and required to 14 days of quarantine.” According to  Manglona, this flight from Honolulu Hawaii had more than one infected persons. She said there were more positives from the flight today, marking 4 COVID 19 positive passengers, the investigation is ongoing. Further Dr. Manglona stated that 15 contacts were identified and there is no testing out for contacts.

Attorney Fisher argued that according to the Aug. 5. guidance memo by Public Health, arriving passengers from a low-risk location with a negative test result is subject to home self-quarantine. Fisher stating that Shawl provided a negative result and traveled from New Mexico.

Sgt. Shawl testified that he has been in quarantine for nine days and took a test this morning. It was not clear when Shawl would receive his test results, as there are hundreds of specimens sitting in the public health lab due to backlog.

Late this afternoon, the court determined that it is legal for Public Health to rely on CDC guidelines in handling this particular situation and should his test results be negative then he is to be released immediately.