What is a State of Emergency?

A state of emergency is a temporary set of laws and regulations that empower government to put through policies they would otherwise not be allowed to do, often triggered by a natural disaster, civil unrest, armed conflict, medical pandemic or biosecurity risk. The terms of a state of emergency, sometimes also known as martial law or siege, vary from country to country. In practice, the government can suspend elections and other constitutionally protected rights and freedoms during a state of emergency.

Once the Governor declares a state of emergency, MEMA activates its State Emergency Operations Plan and may request the services of a variety of private organizations like the American Red Cross, The Salvation Army, and Voluntary Organizations Active in Disaster (VOAD). In addition to these private groups, volunteer teams such as the Radio Amateur Civil Emergency Service (RACES) can help with communications and other critical missions.

During a state of emergency, the Governor can issue instructions for residents to stay home or go to shelters. The instructions will depend on the specific circumstances of the disaster, but are usually to limit travel and increase precautions. Businesses should have their own disaster policies in place to determine whether they should delay opening or close during a state of emergency and address workplace issues like pay and hours for employees unable to work.

A state of emergency can allow the Government to take extraordinary measures such as lifting limits on hospital capacity, expanding access to telehealth, and even allowing highway weight limits to be exceeded to accommodate the military. However, the executive powers granted in a state of emergency have been controversial, with some extending for years and limiting rights such as article 37 (inviolability of residence), 38 (right to freely choose your place of residence) and 49 (right to fair compensation for expropriation).