Upset with the lingering "don't go out unless ncecessary" order, people are beginning to question the legal authority that Governor Brown is relying on to justify her order. It's clear that she has some authority.

Governor Kate Brown has used a statutory process, ORS 401.165, to declare a state of emergency. When the Governor declares a state of emergency under ORS 401.165, the Governor has the following powers, among others:

• The right to exercise all police powers vested in the state by the Oregon Constitution. ORS 401.168 (1). The right to suspend state agency orders and rules. ORS 401.168 (2).
• The right to direct state agencies to use personnel, equipment and facilities to prevent or alleviate damage caused by the emergency. ORS 401.168 (3).
• The right to assume control over all emergency operations, and police and law enforcement activities. ORS 401.175 (1) and (2)
• The right to require the aid and assistance of any state agency or other public or quasi-public agency in the performance of duties and work related to the emergency. ORS 401.175 (5).
• The right to control, restrict and regulate by rationing, freezing, prohibiting or other means, the use, sale or distribution of food, feed, fuel, clothing, or other commodities, materials, goods or services. ORS 401.188 (1).
• The right to prescribe and direct activities in connection with the use, conservation, salvage and prevention of waste of materials, services and facilities, including but not limited to, production, transportation, power and communication facilities, training and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, rehabilitation, education, welfare, child care, recreation, consumer protection and other essential civil needs. ORS 401.188 (2).
• The right to take any other action necessary for the management of resources following the emergency. ORS 401.188 (3).

What's not clear is how she can justify intervening in the private economy when it doesn't concern the "management of resources". Since the courts are closed now, it's perhaps not possible for litigation, but as things return to normal, there may be opportunities for some to take action against the State of Oregon and Governor Brown.

--Staff Reports

Post Date: 2020-04-26 18:51:53

Last Update: 2020-04-26 18:52:10