Why are people angry about these restrictions?

Again I'm going to use KC as an example. In part because I know the political spectrum there extremely well. I lived in KC when I was a delegate for Missouri. I met and volunteered for candidates. I followed many of the elections of the current state reps and city reps that are still in place or have moved on to bigger roles. I attended city meetings and town halls. I polled people. I love KC, I have many many friends and loved ones there. Also in part, because they have thus far placed the most stringent restrictions in place along with Missouri.

As I've mentioned these restrictions do take away some rights. Some people are gonna be pissed at that. I would have been one of those people at some point. Honestly I'm a little surprised there aren't protests about this at this point. (but ya know, protesters would be 6 feet apart) 

Here is ONE specific section that causes a problem, and has a potential for vast abuse. It's no secret that people in a position of power have sometimes abused these powers. To think it couldn't happen with this is super naive. To believe it WILL happen is just silly too. However, to have some understanding of why people get really pissed about these measures and flock to Facebook comment sections with their anger is right here in black and white. Have some empathy for the fear and anger that drives these comments.

"Section Five. Violation of any provision of this Order constitutes an imminent threat, creates an immediate menace to public health, and shall be considered a violation of Section 50-
155 of the City’s Code of Ordinances."

 

Okay, that right there IS concerning. It's the ONE part of the entire document that is actually legitimately dangerous to freedom if it's abused. Big if, though not impossible.

So let's take a look at  

So let's take a look at Section 50-155 of the Kansas City code of ordinances. 

(My comments in pink)

 

 

Sec. 50-155. - Same—Issuance of proclamation of emergency; powers of mayor under proclamation of emergency.

(already in place nationwide, and statewide in 48 states as of 5 days ago, so likely by now all 54 have done this but I haven't checked since then since it's nationwide).

 

Whenever, in the judgment of the mayor, a state of major emergency or disaster as the terms are defined by section 2-85, Code of Ordinances, is imminent or exists, or an emergency exists as a result of mob action, riots, general civil disobedience or disorder, the mayor shall, in addition to all other powers granted by the laws of this state and the Charter and ordinances of the city, be empowered to issue a proclamation declaring a state of emergency to exist, and may thereby exercise the powers granted in the following subsections as necessary to protect people and property. (Basically saying that this power can be given in any emergency type) 

(1)

To temporarily waive routine administrative and budgetary requirements that may impede the effective delivery of essential public services. (this says they can waive all limits on financial assistance. This is what allows them to expand medicare and unemployement. Not so scary.)

(2)

To order the evacuation of areas where there is a threat to public health and safety, and to designate any public place, public street, thoroughfare, boulevard or parking area and any other place closed to motor vehicles, persons and pedestrian traffic; (okay this is not awesome. They can take any private area and make it whatever they need to assist in these efforts including but not limited to checkpoints, FEMA tents, temporary hospitals, supply distribution zones, etc. If not abused this is fine. If abused this is a major violation of rights. They can use your yard if they want to, or your place of business. Hopefully, they won't. Hopefully, they know how big of a deal this would become and simply only use places that people agree to let them use. Most places would agree to this I think, negating the necessity to take things by force. I am quite hopeful this won't happen)

(3)

To impose a curfew upon all or any portion of the city as designated therein as the mayor may deem advisable during such hours of the day or night as the mayor determines necessary in the interest of the public safety and welfare, and during which all persons shall remove themselves to their places of residence and remain off and away from the public streets, sidewalks, parkways, parks and all other public or open places, and no persons shall assemble, gather, loiter or otherwise congregate in any manner in groups, assemblies or meetings in any place for any purpose whatsoever; provided, however, that persons performing medical services, essential public utility services, public officials, police officers, firefighters, and all other persons explicitly enumerated in such proclamation may be exempted from curfew; Eesh. Curfews can restrict essential movement too. So with curfews in place, this could be bad. However, the current order for KC provides for a LOT of exemptions. Almost everyone would be okay in the current order. If the current order is limited further, this could be a big right taken away in terms of curfews being instituted. This is also another one that would need to be abused to be too scary, and I don't see this one happening either. (not saying curfews won't happen, just that it won't likely restrict most people from traveling about to do necessary things)

(4)

To order the closing of any and all business establishments throughout the city or any portion thereof during the period for which the state of emergency exists or during the curfew hours; Okay this one is bad. It gives them the right to close ANY and all businesses in a city. For any reason. For as long as they like. I have ZERO ideas what the risks of this actually happening are, and I'm hopeful that it wouldn't at any point.

(5)

To order the closing of all retail and wholesale liquor stores, taverns and other places dispensing, serving or permitting the consumption of intoxicating liquor or nonintoxicating beer; Yeah this one is real bad too if abused. Limited to drive through or delivery is one thing, closing them altogether is another. People WILL riot if this happens. They know this. They don't want this. So it's pretty unlikely I think, but not impossible. 

(6)

To order the discontinuance of the sale, distribution or giving away of intoxicating or nonintoxicating liquors; Prohibition is ALWAYS BAD kids. ALWAYS. DO NOT allow this in your city. Fight against this if it happens by calling your reps and state officials. If you have never called a state rep, this is easy to do, but painful nonetheless.

(7)

To order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or nonintoxicating beer is permitted; (See previous statements)

(8)

To order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; (This is TERRIBLE for farmers. Hopefully they would exclude farmers, and it's almost guaranteed they would.)

(9)

To order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of gasoline or other liquid flammable or combustible products; (uh no. This is NOT okay. The fact that this exists at all is not okay tbh. I would think the probability of this happening on a widespread level is almost zero. People would for sure riot. Military vehicles still have to gas up. So this is so extremely unlikely it's not worth worrying about unless it actually happens, so stop thinking about it right now.)

(10)

To order all regular, special and auxiliary police officers, firefighters and other conservators of the peace to report for duty assignment, such reporting to be in accordance with prearranged plans or under the direction of lawful authority. 

  Okay so almost all persons listed here are going to gladly volunteer I think. However, for those that don't this could be a serious problem. Auxiliary officers are typically volunteers. They could have family at home that is high risk, or be high risk themselves. Ordering them to serve the public is not okay. I hope this doesn't get abused.

(11)

To issue orders deemed necessary to protect life and property and to preserve critical resources within the purposes of this ordinance. Well, that's pretty damn broad. This says they can do what they want if they deem it necessary to protect life and property or preserve critical resources (water, or food limits like the bread lines in the depression). This one is at high risk for abuse in a level 2 lockdown due solely to it's broad generalization.)

(c)

Any such proclamation of a state of emergency shall become immediately effective upon its execution and issuance by the mayor and the original thereof shall be filed and remain in the office of the city clerk. (Completely normal)

(d)

The proclamation issued in accordance with the provisions of this section shall remain in effect continuously from the date and time of the issuance thereof for such period of time as specifically prescribed therein or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first. The city ordinances everywhere already either have dates or time frames attached to them, this is nothing that's not in the original orders.

(e)

It shall be unlawful for any person to fail, neglect or refuse to comply with the order made or prohibitions instituted by a proclamation issued under the provisions of this section, or for any person to otherwise violate or in any manner aid, assist, encourage, or support the commission or perpetration of a violation of such proclamation, (basically just says it's an actual law punishable by penalty of fines or imprisonment, varied by city, state, county, and nationwide levels, specifics to KC are below)

and upon conviction thereof any such person shall be punished by a fine of not less than $25.00 and not more than $500.00, or by imprisonment in the municipal penal correctional institution for a period of time not less than one day and not more than six months. Okay, so this means on a case by case basis they decide the punishment. If the judge you see doesn't like you, then you get 6 months in jail for violating these orders. a fine of $500 (plus court costs). If he does like you then you get 1 day. Some counties will suck. I know for certain Lawrence County MO will suck about this. So there's no reason to think this won't be heavily abused, as is the current system in many counties. I've seen this time and time again. However, even for rape in this state people don't often get more than a day or two in jail. But in some cases, they get 4 months for forgetting a court date. So who the hell knows.

So, now do you see why people are worried about these rules and laws being made. They seem fine until you read the fine print. Then they seem pretty damn worrisome IF any of them get abused. Considering the state of the stories of abuse of power, it's not paranoia to be at the very least concerned that these powers could be abused as well. Only time will tell. Keep your state reps on speed dial. ;)