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

Norfolk Southern Forced To Pay Two Whistleblowers $932,000

April 27, 2023

Government Cracking Down On Workplace Racism

April 27, 2023

Pregnancy Discrimination In The Workplace Target Of New EEOC Crackdown

April 27, 2023

Ask A Lawyer: How Can I Get Paid For Overtime?

April 27, 2023

Worker Wage-and-Hour Suits Rise in Difficult Labor Market

April 27, 2023

Have illegal immigrants made a billion dollars off Social Security!?! (Spoiler: No.)

April 26, 2023

How the New Tax Law Could Cost Divorcing Couples in 2019

April 26, 2023

Hearing Loss Among Military Service members

April 26, 2023

Kansas man asks Judge for trial by combat with his ex-wife

April 26, 2023

Supreme Court rules that employees cannot be fired for being gay or transgender

April 26, 2023