On July 16th Alabama’s mask mandate went into effect, effectively requiring masks for most Alabamians. Several of you have read Professor Albin’s al.com article discussing the constitutionality of the mask mandate. (if you haven’t, here it is: https://abc3340.com/news/local/law-professor-alabamas-face-mask-order-is-constitutional)
After researching the Alabama Code on this issue, I wondered, what are the limits of Governor Ivey’s powers during a public health emergency?
Aside from the authority to make and enforce laws, if the Governor declares a public health emergency, he or she has the power to
- Seize private property (although the State must provide monetary compensation within 30 days)
- Stockpile private supplies (compensation required)
- Compel evacuation
- Create new agencies and jobs without the Legislature’s approval
- Repurpose current State offices and agencies
The Code specifically provides that the Governor may not seize any firearms or ammuniation from a citizen who lawfully possesses either.
The Code also provides that if a citizen has his or her property seized, and he or she does not accept the “just compensation”, he or she may file a condemnation lawsuit against the Governor in their county of residence or Montgomery County.
In short, Governor Ivey can have us arrested for not wearing masks during the COVID-19 pandemic, and she can have our homes taken from us if she needs to use them and will pay us for it – BUT, if we don’t break the law, she cannot have our guns taken from us.
Stay safe out there,
Shelby
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