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Text of Governor Patrick's Travel Ban Executive Order

by: Rob "EaBo Clipper" Eno

Fri Feb 08, 2013 at 14:39:59 PM EST

EDITORS NOTE:  The email that was sent regarding this storm improperly linked here for the Michael Sullivan Story.  This was an error.  You can read about Michael Sullivan and Nomination papers HERE.  Sorry for the error - Rob.

H/T Charles Grillo

Here is the text of Deval Patrick's executive order banning travel after 4 PM today.

Reaction on Facebook has been universal derision from both my conservative and liberal friends.  They see this as an undue violation of civil liberties.

By His Excellency

I, Deval L. Patrick, Governor of the Commonwealth of Massachusetts, pursuant to the power provided by Chapter 639 of the Acts of 1950 do hereby issue the following order:

There shall be a ban on motor vehicle travel beginning at 4:00 PM today and continuing until further notice. This travel ban shall not apply to the following:

   public safety vehicles and public safety workers, including contract personnel
   public works vehicles and public works workers, including contract personnel; government officials conducting official business
   utility company vehicles and utility workers
   healthcare workers who must travel to and from work in order to provide essential health services
   news media
   travel necessary to maintain and deliver critical private sector services such as energy, fuel supplies and delivery, financial systems and the delivery of critical commodities
   travel to support business operations that provide critical services to the public, including gasoline stations, food stores and hardware stores

Given this 8th day of February in the year of our Lord two thousand and thirteen at 12:15PM.

Commonwealth of Massachusetts

Here is a link pdf of the Civil Defense statute.  The statute says that defying an Executive Order for civil defense is punishable by one year in jail or $500.

Rob "EaBo Clipper" Eno :: Text of Governor Patrick's Travel Ban Executive Order
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party time (5.00 / 2)
Can I pick anyone up, say about 4:05?

Chuckle. Is this a new form of civil disobedience? (0.00 / 0)
Goverment! You have to love its gall. It never lets a crisis go to waste. It's always an opportunity for the leaders to remind the minions who is in charge...and sometimes with new toys...

"Work is the essence of Man."

[ Parent ]
Huh... is this lunacy all of MA? (0.00 / 0)
 like, does it cover the flurries now inundating the northwest corner of the state?

[ Parent ]
Papers please..... (5.00 / 1)

Papers please.....papers please.....
You vill do as the good govt. tells you to do.

Or spend a year in the prison camps.

Papers please....

[ Parent ]
If on the Pike after 4:00 (4.50 / 2)
...expect Drone strikes.

Elizabeth Warren: a bankruptcy professor, bankrupt of ideas

[ Parent ]
Chapter 639 of the Acts of 1950 (0.00 / 0)
Couldn't find an official link to it.

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So I skimmed it. This part seems relevant. (0.00 / 0)
ยง 7.  Additional Powers of Governor During State of Emergency.

During the effective period of so much of this act as is contingent upon the declaration of a state of emergency as hereinbefore set forth, the governor, in addition to any other authority vested in him by law, shall have and may exercise any and all authority over persons and property necessary or expedient for meeting said state of emergency, which the general court in the exercise of its constitutional authority may confer upon him as supreme executive magistrate of the commonwealth and commander-in-chief of the military forces thereof, and specifically, but without limiting the generality of the foregoing, the governor shall have and may exercise such authority relative to any or all of the following:---

e. Transportation or travel on Sundays or week-days by aircraft, watercraft, vehicle or otherwise, including the use of registration plates, signs or markers thereon.

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[ Parent ]
We Must Stop the Tyranny on the Roads! (0.00 / 0)
This is why we have a 2nd Amendment! To Arms!!!!

You joke but ... (3.50 / 2)
Patrick could use his authority under this state of emergency to dissolve the legislature permanently, sweeping away the last remnants of the Commonwealth before ushering in a New Order.

I know what you are thinking. How will Patrick maintain control without the bureaucracy?

Probably regional authorities will be given direct control. Fear will be what keeps the cities and towns in line.

Fear of some yet unveiled battle station.

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[ Parent ]
No, what I'm thinking is... (5.00 / 1)
...there is no more appropriate time to use Emergency Powers granted 60 years ago, than today.  While this storm MAY not be the biggest modern day blizzard we've ever experienced in these parts, it very well could be.

I understand people around here want to have the liberty and freedom to drive during a blizzard.  That is why we need laws to stop stupid behavior like that.  The more people on the roads, they more dangerous it is for those first responders who are trying to protect public safety.    

[ Parent ]
Once again, taking away freedom from the majority of pragmatic and cautious citizens because of the doings of incautious subjects (4.00 / 1)
A blanket royal proclamation of fines and the like does not account for someone driving, say, a mile away to care for an elderly friend, travel within a town to help a sickly/frail/elderly family member with food and medicine. Someone needing to do this might very well be conscious of their own snow-driving abilities and the limits of their vehicle, its tires, etc.

It punishes and restricts the generally law abiding, making them criminals should they really HAVE to go tend to something, while there will always be the nut to go out with bald tires, not waiting for a recent plow thru their neighborhood.

And a blanket royal edict does not account for the western part of the state, slated to NOT have blizzard conditions. They are forecasted to get around 12". Many storms have come and gone dropping 12" without this abuse of an EO...

[ Parent ]
You make it sound like this is a first... (0.00 / 0)
...the Gov is using the same law, with the same penalties, that all govs have used in the past (including Weld during the April Fools storm.

Why are you then making this a big deal.  Simple, because you don't like the Governor.  Just your tone, calling it a "royal proclamation" distorts the reality that this well within the norm of what all Governors to during a weather emergency.    

[ Parent ]
Media reports (0.00 / 0)
hasn't happened since Blizzard of 78.  

Full Disclosure

[ Parent ]
I know for a fact there was a state of emergency... (0.00 / 0)
...with the April Fools Blizzard in the mid '90s.  Not sure if there are different levels of state of emergencies and it hasn't been this "high" since 1978.

Question: Do you think "government" has the right to ban cars on the road during high risk times?  (To paraphrase Electric Strawberry, where is the constitution does it guarantee the right to drive?)

[ Parent ]
NO (0.00 / 0)
They have the right to not help you if you are stupid.  But they don't have the right to ban travel.   that is a fundamental right.  And If you look at facebook, you'll see a lot of liberals saying the same thing.

Full Disclosure

[ Parent ]
It's on Facebook! I had no idea...gee, on my... (4.00 / 1)
Because I know your facebook friends and feeds are a representative sample of the average person.  (Liberals are complaining, does that mean Richard Tesei?)

A fundamental right?!  Will you listen to yourself.  You have no fundamental right to drive if you can't pass a driving test, or if your car is unsafe.  

Can you cite whatever source you can (I don't expect Voltaire) about a fundamental right to drive.  

[ Parent ]
State of Emergency and Travel Ban Are (0.00 / 0)
Not the same thing.  We have had many states of emergency since 1978, but I cannot recall a travel ban even during the April Fools storm.

[ Parent ]
We've had big snowstorms before... (5.00 / 1)
This EO is jumping the gun.

This storm won't get going in the 1"-3"/hour clip until tonight, when there is little traffic anyway. Generally, if the storm timing permits, and plows do their thing at off-traffic-hours, making many passes during those wee hours... once the storm is over, the roads are all clear for normal usage by late Saturday.

But Nooooo.... not this Dukakis wannabee...

Do I presume correctly this applies to all private plowsters as well? What would be a typical, albeit heavy-typical, storm will now make all of next week a lost digging-out week since many plows won't be making their 4" passes every few hours, but instead have to deal with a 24" done deal later in the weekend.

Will deville be next putting on a helmet and jumping into a tank... I know his head will be peering out the turret, since it would not get thru the man hole.  

[ Parent ]
Great Question on Private Plows (0.00 / 0)
I know the guy that does a small parking lot for me likes to make multiple passes during a storm as it is easier on the truck if they are pushing 4" rather than 24".

[ Parent ]
Channel 5 reported... (0.00 / 0)
Private snowplows are not part of the ban.  

[ Parent ]
Not according to our Governor of the Province of Massachusetts Bay (0.00 / 0)
Nothing in his edict about private contractors working on private lots.

If private contractors don't keep up - they won't be able to clear the lots in private companies.

But that doesn't matter for Governor Patrick - we will all work for the public sector.  

[ Parent ]
That's a great point. (0.00 / 0)
My father actually had to do something like that during the blizzard of '78 for an infant me in a tale that has entered into family lore.  He ventured out in snow shoes rather than drive, but he had to go to the pharmacy or something to pick up a particular type of baby formula.

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[ Parent ]
"Get the hell off the roads" (0.00 / 0)
I'm thinking he could have given a solid message a la Chris Christie rather than making a proclamation infringing on our liberties.  

We agree we're all adults, don't we?

[ Parent ]
And if they didn't get the hell off the roads... (0.00 / 0)
...he'd fine or arrest them.  Even Christy's bark has to be backed up with a bite.

[ Parent ]
I don't know, Simple (0.00 / 0)
Sometimes when you reason with an adult (e.g. "you've maximized your tan"), they see your point of view.

[ Parent ]
A real Excellency (0.00 / 0)
If he was a real Excellency, he'd have issued a ban against snow.

Elizabeth Warren: a bankruptcy professor, bankrupt of ideas

on royal banning snow... (0.00 / 0)
reminds me of Oobleck! He just wanted something different to come down from the sky...

[ Parent ]
Tim Murray, Really (0.00 / 0)
How can one take a travel advisory/ban declared by Tim Murray seriously?  Having the man who wrecked a state owned car in the early morning hours doing 108 part of the declaration prohibiting driving strike me as, at a minimum, ironic.

This is exactly what Ram Rod has been training for! (0.00 / 0)

You know it's Snowpocalypse '13 (0.00 / 0)
When the local Walmart actually closes. Of course, they waited until 4:00 pm to do so.

Gotta go, getting picked up... (0.00 / 0)
getting picked up by Republican buddy (yes, I have one and he has the SUV and I have the 36mpg car).

Bite me. (0.00 / 0)
I have a business to check on and a deadline to meet, Governor.
I will be on the road tommorrow morning come hell or high water.
Look for the Ram 2500 4x4 with the 6.7 Cummins, Governor. And catch me if you can, you pompous douchebag.

And based on the wide exceptions made... (0.00 / 0)
...the ban will not affect you, but it does because you hate the Gov. and object to anything he does.

[ Parent ]
Mandate not to drive AND mandate to evacuate (0.00 / 0)
I'm watching television news to see if anyone can get an answer to the question, which mandate rules? Ch. 4 anchors tried to find out when gov was on this morning, but he just slid off his reply as usual. I agree with the ban on driving, but a year in jail?!!!? I know, not to worry, it's at someone's discretion.

If a cop wrote me a ticket for driving during the storm (and I drove alot) I'd laugh in his face. (0.00 / 0)

Molon Labe

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