A state of emergency is a government declaration that says because of a crisis, normal political and social life is suspended in a given jurisdiction. That means the government has powers it normally wouldn’t have, like confiscating property, ordering civilians and forcing evacuations. It also allows it to approve large expenses with little prior counselling or due process. It can also suspend constitutional rights like freedom of speech and movement, but only to the extent that it is “reasonably justifiable” for the specific situation at hand.
Elected leaders’ mission is to protect citizens during a crisis and return things to normal as soon as possible. State and local governments, and their emergency managers, need quick access to resources to deal with disasters and emergencies. Declaration of a State of Emergency gives them the authority to make regulations that may encroach on constitutional rights but are “reasonably justifiable” given the situation at hand.
The duration of a State of Emergency is decided by the government and will depend on the nature of the crisis. It can be in place before, during or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
During a State of Emergency, Governors are encouraged to work with local officials to help communities prepare. This includes public works projects, evacuations and the issuance of State Orders. State Orders typically direct businesses to reduce their operating hours, close or delay operations and limit employee travel. Localities can impose their own restrictions in addition to those dictated by the Governor’s State of Emergency.
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