abridgement of the freedom of the people by gradual and
silent encroachments of those in power than by
violent and sudden usurpations.
James Madison
Posted on 01/16/2014 6:25:27 AM PST by MichCapCon
When Donna McPherson of Lansing received an automated phone message alerting her that a "snow emergency" had been declared and that "non-essential" travel had been banned, she said it raised a question.
McPherson said her family talked about whether Lansing police would pull over drivers and ask them why they were driving.
In the midst of the winter storm this week, Lansing Mayor Virg Bernero declared a snow emergency, which prohibited "non-essential" commercial, private and public travel on city roads.
It raised questions about how much authority the government should have to ban travel during bad snow storms.
In Indianapolis, Mayor Greg Ballard declared a "red" travel emergency Jan. 5 that made it illegal for residents to go out on city streets except in an emergency. Indianapolis also has an "orange" travel emergency that allows for "essential" travel only.
One constitutional expert said cities are within their rights to ban travel on city streets during emergencies.
"There is not much of a constitutional challenge here," said Trevor Burns, a research fellow for the Center for Constitutional Studies at the Cato Institute. "Driving is not a right, it is a privilege. The roads are public property and the government can reasonably manage its property for safety. Moreover, obeying such commands is a condition for having license. Now, if they were prohibiting you from driving on your own land then that would be a different story."
McPherson said the automated alert from Lansing was not draconian.
"I am assuming it means, 'if you don't have to, please don't,' " McPherson said. "It seemed like a suggestion."
Lansing city officials did not respond to questions clarifying if the alert was a suggestion or an order.
Randy Hannan, spokesman for Mayor Bernero, didn't respond to numerous voice messages and emails. However, Hannan told MLive that "essential" driving was considered going to work or class or getting food at the grocery store.
When asked whether the authority came from the city charter or an ordinance and if there was any enforcement with the snow emergency, Lansing City Clerk Chris Swope referred to the city's online listing of the charter and ordinances. But there is no mention in those documents of what constitutes "essential" driving or if there was any enforcement of the snow emergency declaration.
Swope said he could not answer whether there are penalties for disobeying the order.
McPherson said if Lansing's restrictions were portrayed like those in Indianapolis she would have been alarmed. "If it became a legal issue," she said, "you'd definitely hear an outcry from the public."
Mayor.....just clean the roads...no reason for anything to get shut down except visibility and/or ice.
But who gets to define what is “essential”? Going out to buy smokes and beer might be “essential” too many...
Lee Greenwood could not be reached for comment. He is in a gulag.
I think Massachusetts, the Cradle of Liberty, did this last year, suddenly creating an arrestable offense by the spoken word of the governor.
I guess other oppressors learned that they, too, could get away with it.
5 years ago he told the State and businesses to let people out at noon time at the start of another winter storm causing the biggest state wide traffic-jam ever.
WE THE PEOPLE own them...not the state.
When we began...here in NYS...every landowner showed up with a shovel or whatever...or paid a "fine"...aka....a tax.
“One constitutional expert said cities are within their rights to ban travel on city streets during emergencies.”
But what’s an emergency? I’ve seen such “emergencies” declared for what is typical weather, i.e., the type of snow storm you get EVERY year.
“Driving is not a right, it is a privilege.
But we do have freedom of movement. The more states abuse the “emergency” declaration, I think this will be heading to court.
Too many what? Don't leave us hanging! =;^)
Considering the fact that some people in Lansing were without power for nearly 3 weeks through the harshest of the cold while the head of the Board of water and light was on vacation. I’d say that the snow is the least of his concerns.
Classic example of rule by central authority. The greater damage being done by mouth breathing incompetence. Same occurred in Washington, D.C. some years ago. Federal govt. ordered an early shutdown, to “evacuate” by noon. Tens of thousands became trapped in traffic jams at storm’s worst. I was stuck in traffic for four hours. Then, the sun came out, and melted everything away at about 4:30 PM.
” I’ve seen such “emergencies” declared for what is typical weather”
And the Global Warming crowd is trying to train us into thinking that ANY storm is an extreme emergency (like taking a non-hurricane and calling it a SuperStorm).
Nice how these two collectivist threads weave together- all weather is an emergency, and government has special, extra-constitutional power in an emergency.
Come to think of it, the Boston Marathon Bombing was such an emergency that the military and police sequestered people, banned movement, and went door to door with armor and troops searching inside peoples homes and interrogating the citizens (and after the ban a citizen found the perp).
So we can be treated like criminals if the powerful decide it’s enough of an emergency.
We are a nation of wimps. Down here in Alabama, they closed or delayed the opening of schools because it was “too cold”. No snow or anything. Really screwed up everybody with kids. Here in Montgomery it got to 11. I couldn’t believe the fuss. I just bundled up and fed the horses as usual. I planned ahead and had water for them where it wouldn’t freeze.
Fascism under the guise of a “snow emergency.” Actually these bastards will use any pretext to slap us with gestapo tactics.
It is essential for most of us to get the hell out of the house and GO TO WORK so we can pay the danm taxes that they demand out of us to pay for the lazy slobs who vote them back into office.
A Martian visiting this planet would look in amazement at a society that is completely taken by surprise every year by big snowfalls and becomes totally paralyzed, running around in panic with its collective finger up its nose, filling the radio and TV waves with repititious blather obsessing about the big snowfall. Every year.
I really don’t need anyone to tell me when it’s bad outside. When it is I don’t go out. If I go out, it’s because I absolutely have to.
Are others different? Do they relish traveling around in terrible weather? I mean, even for work, I’d call in and say “expect me late” or “no way I can be there.”
As long as folks are honest about the conditions, and that varies by a location’s ability to deal with winter weather, then they pretty much know the right thing to do.
Unless my being on the roads endangers public safety more than it endagers me, then all governemnt should do if to provide advisory information that enables people to decide for ourselves.
This is an extension of the principle behind long-standing mandatory evacuation of coastal areas before predicted hurricanes.
There are three logical positions on the issue:
Government is ALWAYS justified in deciding when to restrict or require travel or movement by the populace.
Government is NEVER justified in deciding when to restrict or require travel or movement by the populace.
Government is SOMETIMES justified in restricting or requiring travel or movement by the populace.
Since it seems perfectly obvious that scenarios can be assembled that rule out the first two positions for most logical people, the third is the only logical answer.
Which means a person cannot stand around pontificating about rights and freedom, but must get down into the nitty gritty of whether specific governmental actions are justified.
Closing roads goes way back. 40 years ago we were traveling across eastern CO in January to get to the mountains to go ski camping. Highway Patrol had closed I-70 due to a blizzard.
We managed to get around the roadblock on side roads and kept going and made it just fine.
Was HP justified in closing the road? Sure were. Most people who got stuck would have died.
We weren’t particularly concerned about that possibility, as we had full winter camping gear, stoves, food for over a week, etc.
Getting stuck would just have meant camping in eastern CO instead of western CO. :)
From http://www.merriam-webster.com/dictionary/privilege :
Full Definition of PRIVILEGE
I don't recall seeing a full definition of the word "privilege" that did not include the word "right" somewhere in the definition.
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