What else can Governor Ivey do during a public health emergency?

Baxley Maniscalco Injury, Family, & Estate Attorneys

Two human wearing a mask

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

Contact Us Below

Read More

Common Myths About Filing a Car Accident Lawsuit in Alabama

April 25, 2025

Understanding No-Fault vs. At-Fault Car Accident Laws in Alabama

April 25, 2025

What Insurance Companies Don’t Want You to Know About Car Accident Claims

April 25, 2025

Should You Accept the First Settlement Offer from the Insurance Company?

April 25, 2025

What Happens if Both Drivers Are Partially at Fault for an Accident?

April 25, 2025

The Most Common Mistakes People Make After a Car Accident

April 25, 2025

Justice Sought for Alabama Veteran: Widow Pursues Legal Action After Fatal Jail Beating

April 18, 2025

Alabama Man Fights for His Life After Unprovoked Hatchet Attack

April 18, 2025

Alabama Senators Push for Federal Estate Tax Repeal: What It Means for Estate Planning

April 18, 2025

Fatal Boating Accident Claims Three Lives at Alabama Fishing Tournament

April 18, 2025