With the recent winter storms, I’ve seen numerous stories about declarations of “state of emergency” and “travel restictions”. I noiced one from Indiana (see below). I thought of a couple of questions about these situations. Can the local or other government really “prohibit” travel? If so, what type of enforcment punishment can occur? On the face of it, I understand the intention - keep Joe Schmoe from driving his civic into the blizzard necessitating a rescue. Admirably, and likely to be the case with folks like Joe. But would a local, county, or state officer actually arrest me for traveling in poor conditions in my Dodge 2500? (See Level 3 Restriction from the article below) It mentions motorists, but it would seem obvoius this mode of transportation would be preferable to more “pedestrian” means…pun intended.
Very curious what our local LEO’s have to say about this, how would or have they handled this…and for the record, I wouldn’t have an issue with an officer giving me a respectful “suggestion” to not be out and about (some on here will disagree), I really do understand the frustration with saving idiots from themselves. I just don’t understand how an individual can be “prohibited” from traveling by the authorities under penalty of law.
FTA:
Level 1 - Travel warning in which hazardous driving conditions exist, resulting in the need for extra caution. No restrictions are imposed.
Level 2 - Essential travel only because road conditions pose a significant threat to motor vehicle operation. Drivers may travel to and from work and to obtain safe shelter, essential medical care or medical supplies, and essential food or fuel.
Level 3 - Travel is prohibited because conditions place motorists at great risk of injury or even death. A declaration of this emergency classification represents an extreme emergency situation of disaster proportions
My biggest issue is when Joe Citizen wrecks while driving to the local gas station to pick up his cigarettes, I’m risking my neck to respond for his ignorance.
To the best of my knowledge, you travel at your own risk. However, if you pass a barricade stating the road is closed, I may ticket you or take you into custody for “failure to obey traffic instructions”.
My biggest problem is Gov’t Employees who wish to restrict my freedoms because it would make their job safer or easier… because they KNOW BETTER than “Joe Citizen”.
If people want to risk their life because they think they know what is better for them, I’m all for it. In the long run, it only strengthens the gene pool.
Of course, you can’t yell “Fire” in a crowded theater either. First Amendment rights can’t be argued there.
Most Indiana counties have their own penalties for violations:
Tippecanoe County The fine for a first offense under Section 8 of this Chapter is a fine of $50. Subsequent fines shall be not less than $100 and not more than $2,500.
The problem with declaring states of emergency is when things like banning the carrying of firearms, the possession and sale of, as well as banning ammunition sales and the consumption of alcohol comes about due to a few inches of snow in King, NC. I was going to start a separate thread but it runs along the same lines as this one.
I’ve always said that the hardest job in the world is being a MOM and the 2nd hardest job is being a LEO. I respect them almost as much as Mothers;)
I also am not advocating foolish or reckless behavior that violates common sense.
I just find a pervasive attitude that infects many Gov employees that Joe Citizens are a “lesser being” than they are and thus stupid and need babysitting. We had at my CCW class the Medical Examiner (a Fire Fighter) would come in and give a speech that you should not defend your home or property lest you end up on his table. It was a condescending, scare tactic by an anti-gunner who gave a very dramatic, emotional speech of “I know” and “you don’t” and that it was some how harmful to him to have to perform ME work, so “retreat” and let the bad guys win. Maybe I’m just being over sensitive this week (and my wife is a Fed) God Bless our LEOs and keep them safe!
I apoligize If I sounded pervasive, I was not referring to the population as an ambiguous “Joe Citizen” I actually had to go respond to an individual who rolled his truck into a ditch. We were in a level 3 emergency due to rain/ snow/ sleet/ ice slush we had over the weekend. I replaced his name with Joe Citizen to protect the innocent:D I asked the individual why he was out at 330 AM in the middle of us getting dumped on by good ol mother nature and he responded that he needed cigarettes.
God Bless our LEOs and keep them safe!