Re: Eagle Lake residents prohibited from their properties
Quote:
Originally Posted by
Sandcut
You applaud that they exceed their statutory authority???
Would you say the same if they randomly pulled you over in your car and detained you for no reason?
Would you applaud them for entering your home and searching for "contraband" without a warrant?
If you wouldn't then how can you rationalize shutting down people from accessing property that they have leased? Under which municiple code do they have the authority to do that? I'll give you a hint...they don't have one. What they are doing is unlawful.
You sound insane. Government officials exceeding their statutory authority! That's impossible.
Re: Eagle Lake residents prohibited from their properties
Quote:
Originally Posted by
roberts257ai
The out of state property owners are part of the reason Wayne Pike and Lackawanna county are still a stay at home, not that anyone is abiding by that.
Please expound on your statement. AFAIK we are on the largest 2A forum in Pa., and I for one do not agree with your statement. Do you not understand what the 2nd amendment is really all about? Do you understand what government overreach is?
Now on a side note IMO this is criminal and falls under Pa CC.
2014 Pennsylvania Consolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 53 - Abuse of Office
Section 5301 - Official oppression
Universal Citation: 18 PA Cons Stat § 5301 (2014)
§ 5301. Official oppression.
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
The residents should file a class action law suit and have these tyrants arrested and then replace them.
Re: Eagle Lake residents prohibited from their properties
Quote:
Originally Posted by
Daycrawler
Please expound on your statement. AFAIK we are on the largest 2A forum in Pa., and I for one do not agree with your statement. Do you not understand what the 2nd amendment is really all about? Do you understand what government overreach is?
Now on a side note IMO this is criminal and falls under Pa CC.
2014 Pennsylvania Consolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 53 - Abuse of Office
Section 5301 - Official oppression
Universal Citation: 18 PA Cons Stat § 5301 (2014)
§ 5301. Official oppression.
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
The residents should file a class action law suit and have these tyrants arrested and then replace them.
The AG should be immediately filing charges against the people that created this order. I won't be holding my breath.
Re: Eagle Lake residents prohibited from their properties
Quote:
Originally Posted by
Sandcut
You applaud that they exceed their statutory authority???
Would you say the same if they randomly pulled you over in your car and detained you for no reason?
Would you applaud them for entering your home and searching for "contraband" without a warrant?
If you wouldn't then how can you rationalize shutting down people from accessing property that they have leased? Under which municiple code do they have the authority to do that? I'll give you a hint...they don't have one. What they are doing is unlawful.
You can start here.
35 Pa. Stat. § 521.5
Current through P.A. Acts 2019-72, 2019-74
Section 521.5 - Control measures
Upon the receipt by a local board or department of health or by the department, as the case may be, of a report of a disease which is subject to isolation, quarantine, or any other control measure, the local board or department of health or the department shall carry out the appropriate control measures in such manner and in such place as is provided by rule or regulation.
35 P.S.§ 521.5
1956, April 23, P.L. (1955) 1510, § 5.
Re: Eagle Lake residents prohibited from their properties
Quote:
Originally Posted by
YosemiteSam
You can start here.
35 Pa. Stat. § 521.5
Current through P.A. Acts 2019-72, 2019-74
Section 521.5 - Control measures
Upon the receipt by a local board or department of health or by the department, as the case may be, of a report of a disease which is subject to isolation, quarantine, or any other control measure, the local board or department of health or the department shall carry out the appropriate control measures in such manner and in such place as is provided by rule or regulation.
35 P.S.§ 521.5
1956, April 23, P.L. (1955) 1510, § 5.
How many cases of Covid19 are actually in or reported in Eagle Lake?
Re: Eagle Lake residents prohibited from their properties
Quote:
Originally Posted by
streaker69
The AG should be immediately filing charges against the people that created this order. I won't be holding my breath.
He actually might. They're part of his D voting base.
Re: Eagle Lake residents prohibited from their properties
Quote:
Originally Posted by
YosemiteSam
You can start here.
35 Pa. Stat. § 521.5
Current through P.A. Acts 2019-72, 2019-74
Section 521.5 - Control measures
Upon the receipt by a local board or department of health or by the department, as the case may be, of a report of a disease which is subject to isolation, quarantine, or any other control measure, the local board or department of health or the department shall carry out the appropriate control measures in such manner and in such place as is provided by rule or regulation.
35 P.S.§ 521.5
1956, April 23, P.L. (1955) 1510, § 5.
Read bolded text in statute.
Municipal governments don't get their authority via state statute, as you quoted above. They are constrained by it. (think "reciprocity"). Municipal governments derive their authority from loca! ordinance, unless it is a specificly derived municipal authority (e.g., parking authority sewer authority). These are a merger of state-private corporation. TheTownship itself is a private corporation. They get their authority via township ordinance. And I'll bet a nickle that they don't have an ordinance on preventing people from ingress/egress to their owned/leased properties.
Re: Eagle Lake residents prohibited from their properties
Here it is. http://covingtontwp.org/calendar/
Click link to Extention of Emergency Declaration to June 3
They did it as an Emergency Declaration under 35 PA CS 7501(d) under the Health and Safety chapter for political subdivisions in PA. All the intent of that section does is removes the administrative burden of budget/timing/billing issues from the township. If you look at 7501(d) it specifically states "excepting mandatory constitutiinal requirements", notifying the townships that they still are bound by the constitution(both state and Federal).
Further, the Township's emergency declaration doesn't "prohibit" entry into Eagle Lake. It "urges" residents to follow state disaster plans. There is no authority behind the word "urging". The township can "urge" all it wants. There is no legal authority. behind it.
Worse still if you read what the county court did yesterday in emergency hearing the court threw it back to the county attorneys to "find an answer" that would be mutually beneficial instead f throwimg the case out on its ass. In other words, "let them back in, kffer them enough money to shut up, and don't make me have to make a precedent-setting ruling that I don't really want to make, but have no choice to make since you are so very wrong!"