Monday, April 27, 2020

"State of Emergency" - Really?

The Richland 2 School Board is using the Governor's declaration of a state of emergency as its pretext for holding its Regular and Special Meetings via Zoom; i.e., away from the prying eyes of the public.

Telecasting the meeting is not the same as having the public and the press right in the same room, where the audience can keep an eye on the entire board (including grimaces, body language, side conversations, use of cell phones).

What is a "state of emergency"?

Using the language in the City of Columbia's Code (ART. II, Sec. 31), it is "A state of emergency shall be deemed to exist within the city whenever, during times of great public crisis, disaster, rioting, civil disturbance or catastrophe, or for any other reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety, health, welfare or property."

In Richland County, THERE IS NO "great public crisis, disaster, rioting, civil disturbance or catastrophe". Not even in the State of South Carolina.

And what makes Columbia's ordinance, or at least part of it, unconstitutional is the wording "or for any other reason". 

The City of Columbia could presumably declare a state of emergency if Mayor Benjamin got a hangnail. Assuming he could bully a majority of the City Council into agreeing with him. 

A dangerous part of the state-of-emergency ordinance in the City of Columbia is this section:
During the existence of a proclaimed state of emergency when a curfew has been defined and imposed under the provisions of this article, it shall be unlawful for anyone subject to curfew to:
(1)
Be or travel upon any public street, alley or roadway or upon public property unless such travel is necessary to obtain medical assistance;
(2)
Possess off one's own premises, buy, sell, give away or otherwise transfer or dispose of any explosives, firearms, ammunition or dangerous weapon of any kind; ..."

So, just when law-abiding citizens might need self-protection away from home, the City of Columbia says it is illegal.

See you in court, buddy.

So the pretext (state of emergency) for closing off a Richland 2 board meeting is false, and the public should protest loudly about it.

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