getting strict about COVID 19 regulations

[mkgal1]

Well reckless endangerment is against the law

Right. Risking a catastrophe is another law this could maybe fall under as well.

 

[Hank77]

A rule is not a law and governors do not have legal authority to pass laws.

Here is Colorado's law giving authority to the Governor including in a pandemic.
Universal Citation: CO Rev Stat § 24-33.5-704 (2016)

(1) The governor is responsible for meeting the dangers to the state and people presented by disasters.


(2) Under this part 7, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations have the force and effect of law.

...[continued]
2016 Colorado Revised Statutes :: Title 24 - :: Government - State :: Principal Departments :: Article 33.5 - :: Public Safety :: Part 7 - :: Emergency Management :: § 24-33.5-704. The governor and disaster emergencies - expert emergency epidemic response committee - creation

 

[cow451]

Mask it or casket!

 

[FireDragon76]

I'm a big fan of COVID-19 precautionary measures and following common sense guidelines, but America's answer to everything seems to start with "lock them up," which is silly, and why we incarcerate more folks than anywhere else in the world. Can't we find any more creative ways to give consequences?

What are you in for?
"Armed Robbery, what about you?"
"I threw 2 parties."

Unfortunately, jail was probably the most appropriate remedy. Putting an ankle bracelet on him and sentencing him to parole or house arrest isn't going to keep him from hosting parties that endanger human life.

 

[RDKirk]

I don't trust law enforcement or state bureaucrats as much as you must if you think they always have solid legal authority to arrest those they arrest. I unaware of any law passed by any legislature requiring people to wear masks or be imprisoned. Which statute passed by a state legislature are you referring to?

State legislatures and local councils, as well as Congress, pass laws that give coercive authority to executive agencies to pass regulations that are equally enforceable as laws. Breaking the regulation is considered breaking the law that authorizes it.

Further, US Marshalls at the federal level and county sheriffs at the local level are authorized to enforce court orders as laws.

You can pretend otherwise all you want, but that's been the case in the US from the beginning of the nation.

 

[KCfromNC]

Shouldn't there be a law that was broken before someone is sent to prison?

Interesting to see questions like this after reading thread after thread blaming victims for getting shot and beaten because they dared to question the orders of police. Curious to see if the same arguments are going to come up here, of if this is somehow different.

 

[grasping the after wind]

Maryland, March 2020 apparently:

MD HB1663
MD - HB1663

Is this enough to satisfy your question?

No. Could you point out the section of the legislation where it is stated that not wearing a mask or not social distancing is a criminal act?

 

[grasping the after wind]

I'm not a lawyer....but what point is there of governors and their public health officials to decide what's best for each state, if it's only perceived as suggestions?

According to this article, each state governor has authority to manage disasters on a state level:

From article:
Posts shared widely on Facebook claim that U.S. governors do not have the authority to close businesses, force residents to stay home, or shut down religious institutions “without legislative due process and consent.” This claim, which speaks to the actions taken by governors amid the coronavirus pandemic, is false.

According to the Tenth Amendment, included in the U.S. Constitution’s original Bill of Rights, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (here). As explained by David J. Barron, U.S. Circuit Judge of the U.S. Court of Appeals for the First Circuit, “The Tenth Amendment endows the people with the right to choose and define their local government” (here).

Management of disasters or emergencies are one such power given to state governments, led by elected governors. -
"False claim: Governors do not have the authority to close businesses, force residents to stay home, or shut down religious institutions | Article [AMP] | Reuters"​

The National Governors Association, a bipartisan organization that defines itself (www.nga.org/about/) as “the voice of the nation’s governors,” says, “governors are responsible for ensuring their state is adequately prepared for emergencies and disasters of all types and sizes. Most emergencies and disasters are handled at the local level, and few require a presidential disaster declaration or attract worldwide media attention” (here). False claim: Governors do not have the authority to close businesses, force residents to stay home, or shut down religious institutions​

Rules are not laws but the are also not suggestions. Let us not introduce strawmen into the discussion.


The National Governors Association is an association of Governors. To call them non partisan in this context is misleading. They are made up of governors from both parties but they are hardly impartial arbiters when it comes to what they believe governors can legally do. They have a mighty big conflict of interest in that regard.

 

[grasping the after wind]

State legislatures and local councils, as well as Congress, pass laws that give coercive authority to executive agencies to pass regulations that are equally enforceable as laws. Breaking the regulation is considered breaking the law that authorizes it.

Further, US Marshalls at the federal level and county sheriffs at the local level are authorized to enforce court orders as laws.

You can pretend otherwise all you want, but that's been the case in the US from the beginning of the nation.

If something has been wrong for that long isn't it time we fixed it?

 

[grasping the after wind]

Interesting to see questions like this after reading thread after thread blaming victims for getting shot and beaten because they dared to question the orders of police. Curious to see if the same arguments are going to come up here, of if this is somehow different.

Yes it is interesting indeed. Blaming someone for not obeying the orders of an authoritarian seems to be popular when that order pleases one .

 

[RDKirk]

If something has been wrong for that long isn't it time we fixed it?

Except it's not wrong.

 

[mkgal1]

The National Governors Association is an association of Governors. To call them non partisan in this context is misleading.

The article didn't call them "nonpartisan"....it stated it was *bipartisan* as it's made up of governors from both the democratic and republican party.

 

[Halbhh]

No. Could you point out the section of the legislation where it is stated that not wearing a mask or not social distancing is a criminal act?

Appears it explicitly gives the Governor certain public health emergency powers. (If you want to know more detail,you could read the bill)

Thus the Governor can make a mask order during a public health emergency.

It's reminds me sorta like how the police can close down a street at need (not exactly the same, but similar in a key way). Do you approve of that police power?