In the most recent legislative session, the General Assembly amended the state’s emergency management act to impose new publication requirements on county and city state of emergency declarations (S.L. 2020-83, Sec. 11.7).  Prior to enactment of HB593 which amended GS … Read more

As state and local government officials across the country struggle to respond to the rapidly escalating coronavirus pandemic, some are exploring the need for increasingly stringent measures, including what are being referred to as “stay-at-home” restrictions (I’ll address the important … Read more

As local officials in our state continue to respond to the rapidly evolving and ever-changing COVID-19 pandemic, counties and cities wrestle with difficult decisions about imposing restrictions and prohibitions under a local state of emergency declaration to address the public … Read more

Counties and cities are vested with broad authority to impose restrictions and prohibitions during a locally declared state of emergency (GS 166A-19.31; for more information on local state of emergency declarations, see this blog post). These restrictions and prohibitions must … Read more

Hurricane Matthew is bearing down on North Carolina’s coast.  State and local officials are preparing for significant impacts.  The Governor has issued a state of emergency declaration for much of central and eastern North Carolina.  Local officials wonder whether they … Read more

During the 2012 Session, the North Carolina General Assembly enacted significant legislation that completely reorganized and updated the state’s emergency management statutes, extended the legal length of law enforcement and emergency management vehicles, and created the criminal offense of terrorism.  … Read more

In two previous blogs (here and here), I discuss a 2012 federal district court ruling (Bateman v. Perdue) on the constitutionality of North Carolina’s emergency weapons restriction statutes and the legislative response to that ruling.  The General Assembly responded to … Read more

In a previous post, I summarized a 2012 federal district court ruling on the 2nd Amendment challenge brought against restrictions on dangerous weapons that can be imposed by local governments during a declared state of emergency.  The General Assembly responded … Read more

As Hurricane Irene barreled toward the eastern seaboard and North Carolina’s coast, local communities and state and local officials braced for a potentially significant hit.  Hyde County declared a local state of emergency. Under its declaration it ordered a mandatory … Read more

A massive hurricane is bearing down on the coast.  Coates County issues a state of emergency declaration ordering a mandatory evacuation and prohibiting alcohol sales (just to be on the safe side).  Citizens in the Town of Albert start calling … Read more