Quote:
Originally Posted by 77T
This is an example of over-reacting when no underlying local emergency (outside of fear) warrants it. Sorry to hear you’re having to deal with it.
The NC Atty. General ought to school the County on “state of emergency” vs. “martial law”. The local powers granted counties under NC §166A-19.22. (Municipal or county declaration of state of emergency) do not include the action that news story explained.
Trump hasn’t invoked Stafford Act, NC Governor hasn’t enacted martial law, so Article IV, Section 2, Clause 1 of the US Constitution is still intact. (Freedom of movement guaranteed in the Privileges and Immunities Clause)
Just my 2¢
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Paul:
I have never looked at this issue before. But you might want to look at N.C.G.S. § 166A-19.3(b)
(b) Type of Prohibitions and Restrictions Authorized.--The ordinances authorized by this section may permit prohibitions and restrictions:
(1) Of movements of people in public places, including any of the following:
a. Imposing a curfew.
b. Directing and compelling the voluntary or mandatory evacuation of all or part of the population from any stricken or threatened area within the governing body's jurisdiction.
c. Prescribing routes, modes of transportation, and destinations in connection with evacuation.
d. Controlling ingress and egress of an emergency area, and the movement of persons within that area.
e. Providing for the closure, within the emergency area, of streets, roads, highways, bridges, public vehicular areas, or other areas ordinarily used for vehicular travel, except to the movement of emergency responders and other persons necessary for recovery from the emergency. In addition to any other notice or dissemination of information, notification of any closure of a road or public vehicular area under the authority of this sub-subdivision shall be given to the Department of Transportation as soon as practicable. The ordinance may designate the sheriff to exercise the authority granted by this sub-subdivision. G.S. 166A-19.70(c) and (d) shall apply to this sub-subdivision.
(2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate.
(3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages.
(4) Upon the possession, transportation, sale, purchase, storage, and use of gasoline, and dangerous weapons and substances, except that this subdivision does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition. As used in this subdivision, the term “dangerous weapons and substances” has the same meaning as it does under G. S. 14-288.1. As used in this subdivision, the term “firearm” has the same meaning as it does under G.S. 14-409.39(2).
(5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
N.C.G.S. § 166A-19.31
Stay safe.
