Curfews!

thperez1972 said:

Just so it's understood, here's how a curfew comes about. It starts with the governor declaring a state of emergency. The local chief executive officer of the infected area can now implement the following:
(1) Establishing a curfew and prohibiting and/or controlling pedestrian and vehicular traffic, except essential emergency vehicles and personnel;
(2) Designating specific zones within which the occupancy and use of buildings and the ingress and egress of vehicles and persons shall be prohibited or regulated;
(3) Regulating and closing of places of amusement and assembly;
(4) Prohibiting the sale and distribution of alcoholic beverages;
(5) Prohibiting and controlling the presence of persons on public streets and places;
(6) Subject to the provisions of Subsection H of this Section, regulating and controlling the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition;
(7) Regulating and controlling the possession, storage, display, sale, transport and use of explosives and flammable materials and liquids, including but not limited to the closing of all wholesale and retail establishments which sell or distribute gasoline and other flammable products;
(8) Regulating and controlling the possession, storage, display, sale, transport and use of sound apparatus, including but not limited to public address systems, bull horns and megaphones.
(9) Prohibiting the sale or offer for sale of goods or services within the designated emergency area for value exceeding the prices ordinarily charged for comparable goods and services in the same market area at, or immediately before, the time of the state of emergency, unless the price of the seller is attributable to fluctuation in the applicable commodity markets, applicable regional or national market trends, or to reasonable expenses and a charge for any attendant business risk in addition to the cost of the goods and services which necessarily are incurred in procuring or selling the goods and services during the state of emergency.

The order must be filled out in triplicate and submitted to the local clerk of court and the secretary of state. As soon as possible, the order must be published in the newspaper or broadcast on tv or the radio. The orders are good for up to 5 days. After 5 days, an extension of the orders can be requested from the governor. If granted, the order must be filled out in triplicate and submitted as before.

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thperez1972 said:

Crescent City Connection blockade after Hurricane Katrina wasn't illegal, U.S. Justice Department says
The Times-Picayune OCT 1, 2011
https://www.nola.com/news/politics/article_e62c0621-1b07-590e-b1b0-03b24cc061d2.html

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Gator 45/70 said:

Has anyone really ever been forced to evacuate? I know this last little storm that flooded out Isle De Jean Charles 18 Injuns refused to leave....

and then called in for a ride in a Coast Guard helicopter ...

The sheriffs dept and the local game wardens informed them that the next time....No-one was coming in 60mph winds to rescue them.

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Bangswitch said:

One question and one observation.

What would be the charge/punishment for breaking curfew.

I don’t believe the intent was to allow municipalities and parish governments to shut down interstate traffic on highways not obstructed or affected by whatever disaster that caused the curfew.

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thperez1972 said:

The charge would be state of emergency, curfew. RS 14:329.6.A(1). The punishment is a fine of not more than five hundred dollars or imprisonment of not more than six months.

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MTregre said:

Where are the numbers from? We only heard of 11 rescues and in each case those individuals lived in an area that were not under a mandatory evac until long after evac wasn't possible (due to levee breach)

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Bangswitch said:

You got any stats on people prosecuted for simply breaking curfew? I just don’t see this law being used to prosecute people for simply being idiots. Additionally I don’t see anyone making a federal case to defend a misdemeanor charge. There are silly laws all over this great country that never get prosecuted and if they actually did it wouldn’t be worth fighting.

Here are some fun examples:

https://www.google.com/amp/s/www.thrillist.com/amphtml/entertainment/nation/weird-state-laws

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Bangswitch said:

You got any stats on people prosecuted for simply breaking curfew? I just don’t see this law being used to prosecute people for simply being idiots. Additionally I don’t see anyone making a federal case to defend a misdemeanor charge. There are silly laws all over this great country that never get prosecuted and if they actually did it wouldn’t be worth fighting.

Here are some fun examples:

https://www.google.com/amp/s/www.thrillist.com/amphtml/entertainment/nation/weird-state-laws

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AustinBR said:

That seems like it may be a difficult statistic to find without extensive effort.

At the end of the day, I think the overarching theme is simply, "Don't be an idiot." We can also add the phrase, "Play stupid games, win stupid prizes" to it as well. Is anyone going to realistically get locked up for driving around during curfew? Probably not. Now, if you're walking around with crowbars, dark clothing, and don't live in the neighborhood or area...I think it may be an entirely different story.

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thperez1972 said:

Nope. I don't have any numbers for people arrested or prosecuted for breaking curfew during a state of emergency. But even if it's not used, a mechanism to enforce the law must be in place or the law carries no weight and is merely a suggestion.


Sent from my iPhone using Tapatalk

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Bangswitch said:

I contend although its law and has a sentencing guideline, in most (if not all) places it is treated as a suggestion and a tool to enhance patrolling efforts, and I think it’s plenty effective that way.

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thperez1972 said:

It comes down to discretion. If I were working during a state of emergency, I would have to decide what benefits the public more in that situation. Is the public better served by my leaving the streets to get this person off the street? Or by my explaining why there is a curfew and sending him home while I stay on the street?

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