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Legal Basis for State Emergency Powers

3/19/2020

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One reader said to me:

All these closings ARE without any actual authority of law; and all the declarations of emergency, even by mayors is nothing more than moves by them all, political hacks, to receive the federal dollars.

Well, here's the situation in Maryland. Gov. Larry Hogan has issued an order on:


LIMITING GATHERINGS AND ORDERING CLOSURE OF SHOPPING MALLS: Governor Hogan has amended a previous executive order to reduce the size of social, cultural, and community gatherings to 10 people, and require the closure of all enclosed shopping malls, as well as bowling alleys and pool halls. 

Here's the basis: 
2010 Maryland Code PUBLIC SAFETY TITLE 14 - EMERGENCY MANAGEMENT.
  • Subtitle 1 - Maryland Emergency Management Agency Act
  • Subtitle 2 - Civil Relief During Emergency Periods
  • Subtitle 3 - Governor's Emergency Powers
  • Subtitle 3A - Governor's Health Emergency Powers
  • Subtitle 4 - Other Emergency Powers and Provisions
  • Subtitle 5 - State Standby Petroleum Fuel Set-Aside Program
  • Subtitle 6 - Interstate Emergency Management and Civil Defense Compact
  • Subtitle 7 - Emergency Management Assistance Compact
  • Subtitle 8 - Maryland Emergency Management Assistance Compact
  • Subtitle 8A - National Capital Region Mutual Aid Agreements
  • Subtitle 9 - Compulsory Work During State of War
  • Subtitle 10 - Riots
​
​Look at this:  Subtitle 9 - Compulsory Work During State of War. It says: (1) The Governor by proclamation may require that each able-bodied individual in the State between 18 and 50 years old, inclusive, who is not regularly or continuously employed or engaged in a lawful and useful business, occupation, trade, or profession immediately register for work under this subtitle. 
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