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Rights during a State of Emergency

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So Furguson has been declared a State of Emergency. We have had them in here in Ma and it usually has to do with weather. When this happens I'm probably not going out because there is like 3+ feat of snow on the ground. I don't know if Watertown was a "State of Emergency" or if they just locked it downs and did what they want. As I understand it when a State of Emergency is declared there is some funds that they local or state government, but I don't know what else this does. So What are our rights when a State of Emergency is declared? How does too much snow, rain, etc differ from riots and looting in terms of powers during it?
 
The Governor is authorized to exercise certain powers when a SOE is declared, including the power to exercise any and all authority over persons and property necessary for meeting the State of Emergency, including the taking and using of property for the protection of the Commonwealth. Actions such as ordering evacuations, restricting access, implementing curfews, driving bans or restrictions, etc. can be stated in the declaration to protect health and welfare if determined to be warranted.

This is the kind of thing I was looking for more clarification on.
 
It reads as though the governor's authority when he declares a state of emergency can supercede your constitutional rights.

Yes, but look on the positive, those 'rights' aren't respected anyway, so you really aren't losing out on anything more! [smile]
 
It reads as though the governor's authority when he declares a state of emergency can supercede your constitutional rights.

That's the big question. Can anything override your constitutional rights?

Reading that document, it would appear so as long as it's in line with dealing with the State of Emergency.
 
We have no rights. We have privileges.

If a right can be taken away, it is no right at all. It's a privilege.

Sadly, we do not have a right to anything in this country. Not even the right to live and breathe the air for free. You must buy Robamacare or be fined and eventually jailed for not paying the fine.
 
read up on 'exigency'

the SOE's exigency suspends the Constitution and the rights enumerated in it.

IMHO, if .gov decides THEIR exigency includes 'the taking and using' of my property, MY exigency will have a measured response.

Those who are being measured will almost certainly not like it. If there is no rule of law, they can PSGWSP.
 
read up on 'exigency'

the SOE's exigency suspends the Constitution and the rights enumerated in it.

IMHO, if .gov decides THEIR exigency includes 'the taking and using' of my property, MY exigency will have a measured response.

Those who are being measured will almost certainly not like it. If there is no rule of law, they can PSGWSP.

The irony is that much of the Constitution was designed specifically to prevent this. That is why any claim that a right doesn't exist under a certain condition is unlawful and corrupt at face value, and those who seek to enforce that should, in an ideal setting, be resisted and resisted with force when necessary.
 
We have no rights. We have privileges.

If a right can be taken away, it is no right at all. It's a privilege.

Sadly, we do not have a right to anything in this country. Not even the right to live and breathe the air for free. You must buy Robamacare or be fined and eventually jailed for not paying the fine.

Exactly, a lot of citizens confuse rights with privileges which are disguised, packaged and sold as rights.
 
I was in Long Island last month in an area hard hit by Hurricane Sandy almost two years ago. I asked around about "mandatory evacuation" orders that were issued. Some refused to evacuate (one guy defended his home with a bow). Despite the government bluster, none were charged. Cuomo and Bloomberg backed off.

bow.JPG

http://ex-skf.blogspot.com/2012/11/after-hurricane-sandy-hunting-bow.html

Next time, I think more, particularly families and those who accepted "protective custody" in the NY Islanders Coliseum will refuse because getting their kids to their open school was a big problem if evac'd to another town and they were unable to repair damage to prevent further damage or protect their property from looters.

That said, there were great stories of FD and PD doing consensual evacuations well and doing their best under the worst.
 
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So basically any SOE makes the constitution null and void for the duration.

Go figure eh?

Yup. Hopefully they don't come up with an excuse to make a permanent state of emergency and call it the war on drugs or the war on terrorism or something that can never end.

Oh wait.
 
Want this changed? Lets change the law.

One of my soon-to-be lifetime passions is changing the laws to allow the 100% annullment of most crimes after a >5 years of good behaivor.

MA laws suck because we allow them to.

And I do know "we" are outnumbered.
 
Take a look at the health emergency bill they passed a while back. It talks about quarantines but doesn't say if they will take you from your house and leave it vulnerable to looters. It talks about taking supplies to use for the emergency. It talks about sanitizing property. It never mentions anything resembling compensation or lost wages.
 
Take a look at the health emergency bill they passed a while back. It talks about quarantines but doesn't say if they will take you from your house and leave it vulnerable to looters. It talks about taking supplies to use for the emergency. It talks about sanitizing property. It never mentions anything resembling compensation or lost wages.

DPH is pretty scary.
 
So during SoE, is the EOPS list still in effect or could I finally get that walther PPQ Ive been drooling over?
 
Want this changed? Lets change the law.

One of my soon-to-be lifetime passions is changing the laws to allow the 100% annullment of most crimes after a >5 years of good behaivor.

MA laws suck because we allow them to.

And I do know "we" are outnumbered.


If anyone with intelligence and integrity would run for office then there's a chance what you say could work, but...


Hey, you know I'm right....look at my avatar's tits and tell her otherwise :)
 
We have no rights. We have privileges.

If a right can be taken away, it is no right at all. It's a privilege.

Sadly, we do not have a right to anything in this country. Not even the right to live and breathe the air for free. You must buy Robamacare or be fined and eventually jailed for not paying the fine.

Winner winner, chicken dinner

Sad but true.......

Whats gone on in Mo may actually meet the intent of each states intended need for such an emergency clause.

A couple feet of snow in mAss or a handful of our brighter rubes getting sick after smoking insense in NH does not warrant invocation of SOE and each of us should urge our reps/sens to chastise the Gov for abuse of power
 
You always have rights. Whether or not criminals attempt to infringe upon them does not mean they cease to exist. The only thing that stops them from existing is you not exercising them.
 
It's not just MA, it's fairly universal. Here's the Texas law. Laws during a SOE basically boil down to giving up freedoms during extreme situations to (theoretically) enable society to deal with the emergency. That is one cost of living in a democratic society.
 
I'm sorry, maybe I'm dumb, but I don't go for the idea that we have only privileges. We have rights and we should defend them. It's interesting (and troublesome) that the limits of SOE "powers" aren't spelled out and clearly limited.

Also need to look into getting a gas mask. Those folks out there have no protection against tear gas. I read an artilce that said the Palastinian people were tweeting "pro tips" on how to deal with gas.
 
I'm sorry, maybe I'm dumb, but I don't go for the idea that we have only privileges. We have rights and we should defend them. It's interesting (and troublesome) that the limits of SOE "powers" aren't spelled out and clearly limited.

Also need to look into getting a gas mask. Those folks out there have no protection against tear gas. I read an artilce that said the Palastinian people were tweeting "pro tips" on how to deal with gas.

Indication for respiratory protection is primarily airborne illness (eg flu, SARS) than a far less likely "gas attack".

at minimum its worth keeping a stash of properly sized N95 masks.
 
Looking back at Katrina, When they issued a state of emergency they went around and disarmed all the law abiding citizens
 
Looking back at Katrina, When they issued a state of emergency they went around and disarmed all the law abiding citizens
They did pass a law after that specifically so that would not happen again. GOAL has been trying to get a similar one passed here.
 
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