Tuesday, May 12, 2015

The Murky Laws of the State of Emergency

We were just scratching our heads about the uneven enforcement of the curfew during Baltimore's "State of Emergency"  when the question now becomes: Was enacting a curfew even within the powers of the Mayor?

Imagine, all who were arrested and were released without charge ("the arrest was enough punishment", Baltimore City spokesperson) could now turn around and charge the City with "Unlawful Arrest"?

Another field of murky law is the National Guard, a federal force under state power. What can the Guard do in a state of emergency versus under Marshall Law? And what power does the Mayor have in that issue (Hogan: "When she finally called me").

Photograph: Adrees Latif/Reuters
Does the Guard protect or watch the Mayor? (In front of City Hall)

It is interesting how unclear the law is sometimes when it comes to who governs the cities.

Klaus Philipsen, FAIA

Baltimore SUN today about the Mayor's curfew power

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