Crime in a State of Emergency
In these strange times, there are a lot of rumors about what actions the governor has taken so far and what obligations Louisianans have to comply with his executive orders.
Louisiana Revised Statutes Title 29, Section 724 establishes the powers of the governor. Subsection (A) states that “[t]he governor is responsible for meeting the dangers to the state and people presented by emergencies or disasters, and in order to effectuate the provisions of this Chapter, the governor may issue executive orders, proclamations, and regulations and amend or rescind them.” It also establishes that these orders “shall have the force and effect of law.” Subsection (B) requires that the governor declare a state of emergency by executive order or proclamation. If the governor has declared a state of emergency,
The governor has issued 4 proclamations or executive orders since March 11, 2020, which regulate or limit the behavior of citizens of Louisiana. Proclamation 25 JBE 2020 declared a state of emergency beginning on March 11 and extending through April 9, 2020. It specifically prohibited “price-gouging” during the state of emergency.
The second Proclamation (JBE 2020 - 27) limited gatherings to less than 250 people, closed schools, and suspended some legal deadlines with regard to sex offender registration determinations for out-of-state convictions and concealed handgun permits as well as suspending some fees and expiration deadlines at the DMV.
The third proclamation was issued on March 16, 2020, and limited gatherings to less than 50 people; closed movie theaters, bars, bowling alleys, and gyms; closed restaurants except for take-out or delivery services; suspended multiple legal deadlines in both civil and criminal cases; allows for local law enforcement to establish curfews should they deem them necessary; and suspends additional expiration dates with the DMV.
The most recent proclamation issued yesterday afternoon and effective at 5 p.m. today (33 JBE 2020) cancels all gatherings of 10 or more people and issues a “general stay-at-home order” for all citizens who are not performing an “essential activity.” Essential activities are activities which “are for the purpose of obtaining food, medicine, and other similar goods necessary for the individual or a family member of the individual,” “obtaining non-elective medical care…,” going to and from work if that work is deemed essential, going to and from the home of a family member, going to and from an individual’s place of worship, or engaging in an outdoor activity (provided social distancing measures are also adhered to). The proclamation further closes all places of public amusement (that weren’t already closed), personal care and grooming businesses (including hair salons and spas), and malls. Any businesses not essential and not prohibited are ordered to operate subject to the 10-person minimum and comply with social distancing. All state office buildings are also ordered closed to the public. This proclamation is in effect through April 13 unless terminated earlier or extended.
Subsection (E) of La. R.S. 29:724 establishes that “any person or representative of any firm, partnership, or corporation violating any order, rule or regulation promulgated pursuant to this Chapter, shall be fined not more than $500 or confined in the parish jail for not more than 6 months, or both.” This offense is a misdemeanor.
Gilmer & Giglio is a two-person law firm, so we are not closed subject to this proclamation. We are, however, doing what we can to flatten the curve by cancelling all in-person meetings. Further, we are, to the extent possible, working from home. We are reachable via telephone at (318) 459-9111 during normal business hours and via e-mail through email at our contact us page. Be smart, stay home, stay safe, and stay healthy and call us if you need us.