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powerboatr wrote: ↑Wed Apr 22, 2020 9:59 pm sounds like a fire person has a real beef with police. interesting to say the least

Sec. 418.018. MOVEMENT OF PEOPLE. (a) The governor may recommend the evacuation of all or part of the population from a stricken or threatened area in the state if the governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.
(b) The governor may prescribe routes, modes of transportation, and destinations in connection with an evacuation.
(c) The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.

srothstein wrote: ↑Wed Apr 22, 2020 11:13 pmI find two suspensions of your rights mentioned. Section 418.017 allows for them to commandeer personal property but they do have to pay for it. And 418.019 says the governor my limit the sale and transportation of alcoholic beverages, firearms, explosives, and combustibles. I find no other mention of ny suspensions of any rights, such as to peaceably assemble anywhere.

srothstein wrote: ↑Wed Apr 22, 2020 11:13 pm So, reading chapter 418 can be very interesting. The specific subsection mentioned says that an emergency management plan may make it a class B misdemeanor (fine of $1,000 and/or 180 days in jail) to violate the plan or an order adopted under the plan. This implies (but I cannot find explicitly stated) that the plan should be a pre-written plan so that when the order announcing it is made, the clause takes effect. That is just my interpretation though, so don't rely on it. But it never does say what the plan has to have or be.

What I found more interesting is a limitation in the law that might affect all shelter-in-place orders. There is a section that says:

Sec. 418.018. MOVEMENT OF PEOPLE. (a) The governor may recommend the evacuation of all or part of the population from a stricken or threatened area in the state if the governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.
(b) The governor may prescribe routes, modes of transportation, and destinations in connection with an evacuation.
(c) The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.

So they can order you to leave an area, or to stay in a disaster area (ingress and egress). If the state is the disaster area, can they keep you in your house? If it is a municipal plan, they can keep you in the city but I don't see an authority to keep you in your house. Again, just my opinion and I am not a lawyer, so don't rely on this interpretation.

I find two suspensions of your rights mentioned. Section 418.017 allows for them to commandeer personal property but they do have to pay for it. And 418.019 says the governor my limit the sale and transportation of alcoholic beverages, firearms, explosives, and combustibles. I find no other mention of ny suspensions of any rights, such as to peaceably assemble anywhere.

philip964 wrote: ↑Thu Apr 23, 2020 9:24 am

srothstein wrote: ↑Wed Apr 22, 2020 11:13 pm So, reading chapter 418 can be very interesting. The specific subsection mentioned says that an emergency management plan may make it a class B misdemeanor (fine of $1,000 and/or 180 days in jail) to violate the plan or an order adopted under the plan. This implies (but I cannot find explicitly stated) that the plan should be a pre-written plan so that when the order announcing it is made, the clause takes effect. That is just my interpretation though, so don't rely on it. But it never does say what the plan has to have or be.

What I found more interesting is a limitation in the law that might affect all shelter-in-place orders. There is a section that says:

Sec. 418.018. MOVEMENT OF PEOPLE. (a) The governor may recommend the evacuation of all or part of the population from a stricken or threatened area in the state if the governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.
(b) The governor may prescribe routes, modes of transportation, and destinations in connection with an evacuation.
(c) The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.

So they can order you to leave an area, or to stay in a disaster area (ingress and egress). If the state is the disaster area, can they keep you in your house? If it is a municipal plan, they can keep you in the city but I don't see an authority to keep you in your house. Again, just my opinion and I am not a lawyer, so don't rely on this interpretation.

I find two suspensions of your rights mentioned. Section 418.017 allows for them to commandeer personal property but they do have to pay for it. And 418.019 says the governor my limit the sale and transportation of alcoholic beverages, firearms, explosives, and combustibles. I find no other mention of ny suspensions of any rights, such as to peaceably assemble anywhere.

Thank you, I knew I could count on this forum.

powerboatr wrote: ↑Wed Apr 22, 2020 9:59 pm sounds like a fire person has a real beef with police. interesting to say the least

RSX11 wrote: ↑Thu Apr 23, 2020 11:22 am I dunno about the legality of all this - but I do know that if I owned that restaurant, I would now be offering free meals to all first responders - except firefighters. Ratting out the restaurant was one of the stupidest things I've ever heard of.

srothstein wrote: ↑Wed Apr 22, 2020 11:13 pm So, reading chapter 418 can be very interesting. The specific subsection mentioned says that an emergency management plan may make it a class B misdemeanor (fine of $1,000 and/or 180 days in jail) to violate the plan or an order adopted under the plan. This implies (but I cannot find explicitly stated) that the plan should be a pre-written plan so that when the order announcing it is made, the clause takes effect. That is just my interpretation though, so don't rely on it. But it never does say what the plan has to have or be.

What I found more interesting is a limitation in the law that might affect all shelter-in-place orders. There is a section that says:

Sec. 418.018. MOVEMENT OF PEOPLE. (a) The governor may recommend the evacuation of all or part of the population from a stricken or threatened area in the state if the governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.
(b) The governor may prescribe routes, modes of transportation, and destinations in connection with an evacuation.
(c) The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.

So they can order you to leave an area, or to stay in a disaster area (ingress and egress). If the state is the disaster area, can they keep you in your house? If it is a municipal plan, they can keep you in the city but I don't see an authority to keep you in your house. Again, just my opinion and I am not a lawyer, so don't rely on this interpretation.

I find two suspensions of your rights mentioned. Section 418.017 allows for them to commandeer personal property but they do have to pay for it. And 418.019 says the governor my limit the sale and transportation of alcoholic beverages, firearms, explosives, and combustibles. I find no other mention of ny suspensions of any rights, such as to peaceably assemble anywhere.