Massachusetts-State of Emergency

According to the headline news on CNN the Governor of Massachusetts has just declared a state of emergency in the face of the impending snow storm and had declared ALL vehicle traffic to cease as of 4 P.M. today.

My question is can he legally make any and all use of a motor vehicle illegal under these emergency powers and if so is something as casual as an impending storm a reason to declare a state of emergency and suspend the rights of the citizens of an ENTIRE STATE to travel or even rightfully leave their homes?

His spokeswoman for Emergency Management- Renee Felding has announced that if you see anyone driving or walking to call 911 and emergency service personell will come out and pick them up and remove them to an emergency shelter!

If this works what other freedoms will be so casually and frivilously challenged ?

reply to post by strokker


As if guns wasn't enough (Katrina), now they'll take YOU and YOUR CAR too. I say hang the son of a bitch.

Now that sounds more like Marshall Law in effect rather than the L.A. Hunt down, like someone suggested. But seriously, if that snow storm is bad then people shouldn't be on the roads period. I have driven through snow storms and they can be rough. I almost went over a guardrail on a bridge with a long arse drop. Talk about scared chitless at the last moment. That last second saved my life. If it was a couple of seconds before I would went overboard.

Maybe he's making a right call to prevent catastrophe's.

So does this mean all employers have to let their employees leave work early with pay so that they can get themselves home before 4pm ?!

Maybe you guys need to make several thousand phone calls to this guy asking him this question, just to be sure.

If people in Mass. take the order of the Govenor to mean
a Martial Law infringement .And for some reason need
their God Given 'Merican right to drive tonight,
I say let em'. Hell, let them shoot modified full auto AR-15's and drive.
Natural selection at work.

That is what a State of Emergency is and is perfectly legal. State Governors are granted the power to declare a State of Emergency as well as Martial Law as long as there is justifiable reason, the same as the President. Here in the northeast we are facing a very dangerous storm and it is well within the Constitution for Presidents and Governors to have this authority and has always been this way.

A state of emergency is a governmental declaration which usually suspends a few normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Justitium is its equivalent in Roman law.

wiki

reply to post by strokker


This has been done before if I'm not mistaken in Massachusetts however they did not put a time on the clock...I think they are ramping things up but I can't say that this will work simply because too many people are going to be driving around not getting this message

I'm sure they will be putting up messages where normally the amber alert signs would be.They simply do not have the man power to put people in jail from across the state who are driving around...people will be getting home from work or still going to work..bold move but the will be an epic fail...as far as the snow is at this time...it's coming down at a nice click....

I personally agree people should get off the road during this time unless something pressing is occurring...I personally love snow storms and grew up on the beach so I too get the bug to go out and explore..but not today

I don't know why it's a big deal to be out walking during a blizzard, sounds like fun to me.

Driving in a blizzard is retarded, but some people don't seem to know any better and they get stuck and clog up the roads for plowing and emergency vehicles. Running a red light can be dangerous, and there are traffic laws for that, I don't see anything wrong with declarations or rules for commuting during blizzards.

Why is MA getting all paranoid about this storm?
They are going to get a foot or so less than I am in NH, but we are use to large snow totals and many of us have generators and supplies on hand for the many power outages we have every year. I just wish they would finally move beyond "extension cords" for power needs running from street to street.

reply to post by Kali74


That's all find and dandy if it's legally allowed, but I'll ask the question again:

Are all employers going to release their employees early so that everyone can get themselves home before this 4pm thing kicks in ?!

It's a seriously legitimate question...

I have checked a few MSN sites, and can't find reference to this. Find it hard to believe it could be enforced, there are businesses and employees that have to function, no matter how rough the weather. I have done the blizzard thing in Colorado, and hurricanes in Florida, but have never seen a declaration like that.

Sorry.

Storm's a commin'.

Time to give up all your rights.

If someone gets in trouble, isn't it their own responsibility? Why risk sending an EMT unit?

reply to post by CranialSponge


Yes employers have to release their employees early in order to comply with the declaration, State and City employees are paid, I'm not sure what the rules are for the private sector though I'm fairly sure they aren't obligated to pay them.

reply to post by CranialSponge

Are all employers going to release their employees early so that everyone can get themselves home before this 4pm thing kicks in ?!

The malls and fast food places will stay open as late as possible, always about the dollars.

My friend works at the Mall of New Hampshire and as far as he's heard, they are planning to keep their regular mall hours till 9:30pm tonight. Those employees will be trapped in the parking lots.

Greed and logic, never the 2 paths shall cross.

Originally posted by strokker
a state of emergency in the face of the impending snow storm

as casual as an impending storm

If this works what other freedoms will be so casually and frivilously challenged ?

I heard on the radio this morning that this 'casual' snowstorm is comparable to to Blizzard of 1888 that was responsible for the deaths of over 400 people. I know things have changed alot since 1888, but the last snow storm at the end of December killed 16 people. I'm pretty sure the state of emergency issued has more to do with keeping people alive than taking away personal rights and freedoms. If you live in the area stay inside, and when the storm has passed complain about your rights being violated.

www.cbc.ca... inter-storm-snow-deaths.html

en.wikipedia.org...

reply to post by beezzer


It's also about keeping the roads free of traffic so that snow and ice removal apparatus can stay on top of the storm as opposed to letting 2 feet of snow pile up and shutting down the roads for days. That keeps them clear for emergency apparatus and utility apparatus as well. Power lines go down, basements flood knocking out heat, pipes freeze, people have heart attacks shoveling, or serious falls... this is really common sense guys...cmon. If you have a problem with this then maybe go back and time and tell the founders to not give Governors and Presidents this power. Good lord.

Originally posted by CranialSponge
reply to post by Kali74

 

That's all find and dandy if it's legally allowed, but I'll ask the question again:

Are all employers going to release their employees early so that everyone can get themselves home before this 4pm thing kicks in ?!

It's a seriously legitimate question...

I would have to say "yes". It's mandated by the state gov't so it would have to be adhered to. Secondly, what's with this, "taking our rights away" crap? This is for the safety of everyone. That said, you southerners and a little snow.

We are still expecting by 4 pm very heavy bands of snow will set up across Massachusetts. All locations will see heavy snow with rates between 2"-3" per hour possible. Read more: www.myfoxboston.com...

If the roads are blocked by traffic you are not only putting your own life at risk but also the first responders.

The state of emergency was probably declared so that businesses would close and the employees can get home safely. Apart from the early rush hour of course.

reply to post by BubbaJoe
took me a few sec to find it,
www.boston.com... from the link

Mass. declares emergency, bans travel after 4 pm
By STEVE LEBLANC
Associated Press / February 8, 2013



BOSTON (AP) — Massachusetts Gov. Deval Patrick declared a state of emergency Friday and banned travel on roads as of 4 p.m. as a blizzard that could bring nearly 3 feet of snow to the region began to intensify.

As the storm gains strength it will bring ‘‘extremely dangerous conditions’’ with bands of snow dropping up to two to three inches per hour at the height of the blizzard, Patrick said.

The governor signed an executive order imposing the statewide travel ban, believed to be the first of its kind since the blizzard of 1978. The order bans all motor vehicle traffic until it is lifted, but there will be a number of exceptions for public works and public safety employees, as well as utility workers and members of the news media.

‘‘I have declared a state of emergency effective of noon today,’’ Patrick said during a midday briefing Friday at the state’s emergency management headquarters. The travel ban was not to punish drivers but ‘‘to emphasize how important it is that non-essential travel’’ be prohibited to give emergency workers and plowing crews access to the roads.

He said those crews are at the ready, including 2,000 utility crews to deal with expected power outages.

there you go

Originally posted by Kali74
reply to post by beezzer

 

It's also about keeping the roads free of traffic so that snow and ice removal apparatus can stay on top of the storm as opposed to letting 2 feet of snow pile up and shutting down the roads for days. That keeps them clear for emergency apparatus and utility apparatus as well. Power lines go down, basements flood knocking out heat, pipes freeze, people have heart attacks shoveling, or serious falls... this is really common sense guys...cmon. If you have a problem with this then maybe go back and time and tell the founders to not give Governors and Presidents this power. Good lord.

Look, it's common sense, I get that.

Guess I just get ouchy when they suspend freedoms. Even for safety.

Originally posted by JibbyJedi
reply to post by CranialSponge

 

Are all employers going to release their employees early so that everyone can get themselves home before this 4pm thing kicks in ?!

The malls and fast food places will stay open as late as possible, always about the dollars.

My friend works at the Mall of New Hampshire and as far as he's heard, they are planning to keep their regular mall hours till 9:30pm tonight. Those employees will be trapped in the parking lots.

Greed and logic, never the 2 paths shall cross.

Then any place of business that forces their employees to stay at work until closing hours (after the 4pm enforcement) should be fined and held legally responsible for any and all employees out on the roads after that timeframe.

They should also be fined and held legally responsible for all customers on the roads after 4pm as well.

If the entire state (meaning absolutely everything everywhere) isn't completely shut down and inoperable by 4pm, then they're breaking the law.

If my employer forced me to have to work until 9pm closing time, I'd be suing his ass off (and the state of Massachusetts) for forcing me to break the law.

This governor is an idiot who obviously didn't think anything through....