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Understanding a State of Emergency: Why it is Declared

Updated: Nov 21, 2023

A state of emergency can be declared in reaction to almost any disaster, natural, or man made. A state of emergency can even be declared during civil unrest or an armed conflict.


When the governor declares a state of emergency, it gives him/her the ability to put in place policies that ordinarily would not be allowed, such as mandatory evacuations, curfews, and travel bans.



Executive Orders

During a state of emergency, the governor of the affected state has the ability to exercise any and all power over people or property for the safety of the public. This is something that otherwise would have defied our First Amendment Rights. However, since in so doing the governor believes he/she is acting in the best interest for the public, namely, to keep them safe, doing so during such a state is permitted.


Travel Bans

During a state of emergency, the governor of the affected state will sometimes issue travel bans.


A travel ban can restrict certain travels, for example, during an ice storm, you may not be able to leave your home, except for necessities, such as food and water.


Travel bans are not always issued during a state of emergency, but if you find yourself in a situation where one is issued, it is important to pay attention to the specific rules and temporary laws.


Mandatory Evacuation Orders

A mandatory evacuation order can also be issued by a governor during a state of emergency. A mandatory evacuation order means that a storm can cause so much harm that the governor had deemed it necessary for those in the affected area to leave their homes for a safe place where the storm is not predicted to hit.


For example, during one of the most recent hurricanes, Hurricane Idalia, which hit Florida's Big Bend region, the Florida Governor Ron DeSantis issued a state of emergency in which a mandatory evacuation order was temporarily issued to protect Floridians from the harm which could have befallen them, provided they remained at their homes.


Just as with a travel ban, a mandatory evacuation order is not always issued. Depending on the strength of the storm, the governor may not deem it necessary to order one. It all depends on the type of storm and the governor's mindset.



Closures

In very serious cases, sometimes the governor will order all businesses in the affected area to close. In less serious cases he/she may encourage the business to send employees home or to remain closed.


Government Offices

Government offices, such as the Capitol, are not automatically closed when a state of emergency is issued, but may close depending on the severity of the storm, and if the building is in the affected area.


How Long Can a State of Emergency Last?

A state of emergency can last for a long time! Even up to 3 years! (think plan-demic). As long as the disaster continues, a state of emergency can last indefinitely.


When Will a State of Emergency End?

A state of emergency will end as soon as the governor deems it safe for the public to return to normal life and begin rebuilding. Travel bans, curfews, and evacuation orders may end at different times as one may be necessary, while the other one no longer fulfills its purpose.



Rebuilding

There is almost always a lot of damage after any storm that requires a state of emergency to be issued. The governor can appeal to the president to send a disaster relief fund, and there are many organizations that help with the cleanup, such as the Federal Emergency Management Agency (FEMA), Salvation Army, and others. Some states even have their own disaster relief fund.


Conclusion

A state of emergency can be very useful during major storms, such as hurricanes, snow storms and flooding. Without these useful declarations, a state would not be able to appeal for help to Congress, nor receive assistance from FEMA, or any other organizations that help during and after a disaster.









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