A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the “police power” exception to Takings Clause liability.
…it is far from clear how great a threat to health or safety there must be before the police power exception kicks in. If forestalling even a small risk qualifies, then virtually any restriction on private property rights is exempted from takings liability. After all, just about any use of property poses at least some small risk of spreading disease or causing injury.