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Is this Unconstitutional Tyranny, Or Lawful Order?
#1
Personally I find this repugnant: Mass bans vehicles at 4 p.m.; offenders face fine up to $500, 1 year in jail.

Quote:Massachusetts Gov. Deval Patrick has declared a state of emergency for blizzard that could bring near 3 feet of snow.

Patrick signed an executive order banning all vehicles from roadways starting at 4 p.m. today. Ban applies to all roadways, including highways and secondary roads. Any one caught driving after 4 p.m. faces up to one year in jail and $500 fine.

Patrick said the blizzard is “a profoundly different kind of storm than we have dealt with” and the projected snowfall rate of two to three inches per hour will “make safe travel nearly impossible.”

MEMA Director Kurt Schwartz said that a similar executive order banning vehicular travel went into effect after the “blizzard of ‘78” and said he is unaware of any similar ban since then.

The order is “outright ban on all roads” with no set time for when it will be lifted. There are exceptions for public utility and health care workers as well as delivery trucks and news media. Schwartz said that the maximum penalty for people who violate the ban is one year imprisonment.

does anyone agree with me that he is giving unlawful orders here? And will there be lawsuits as a result?
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"Falsehood flies, and truth comes limping after it" - Jonathan Swift, 1710
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#2
I dunno.. it's kinda hard to read the constitution these days thanks to all the urine stains...
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#3
John,

My guess is their constitution has a provision like the federal one about emergencies. He probably is within that purview, just a guess. The federal one forces the legislature to make the call.
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#4
Patrick, I believe the president can only do that by declaring martial law, as Lincoln did during the Civil War.

As for the individual states, I don't believe the governor has that power. He can do things, but can still be held accountable for them. My guess is that if someone was out after 4PM driving a 4WD and was having no trouble, but was stopped and hauled to jail, the defendant would have a case of unlawful abuse of power. It may take time to work its way through the courts, but I believe the litigant would win a monetary judgment for damages.

I know I'm such an independent cuss that if I was up there, I would do it just to spite authority.
___________________________________________________________________________________________________
"Falsehood flies, and truth comes limping after it" - Jonathan Swift, 1710
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#5
Obviously a state issue, and you can check here on Mass specifics...it seems he is within his powers.

Now, I just had a laugh after receiving an email that my job declared the state of emergency and everyone must vacate the offices by 3pm. The thing is that the email was sent at 5:10pm. S13
Sanders 2020

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