Re: [Oama] City Emergency Orders More Stringent than State Emergency Orders
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From: Michael Beason
Sent: Thursday, March 26, 2020 11:10 AM
To: oama@lists.imla.org
Subject: [Oama] City Emergency Orders More Stringent than State Emergency Orders
I anticipate that my Mayor will be releasing new emergency orders in light of the Fourth Amended Executive Order 2020-07 and the Amended Executive Order 2020-01. I anticipate that the Mayor will propose stricter provisions for sanitization and patron safety for those businesses now listed as critical infrastructure sector. I am looking for specific case law which permits city ordinances or emergency orders to be more strict than state statutes or emergency orders. I am familiar with 11 O.S. section 22-120 which states “The municipal governing body may enact and enforce such ordinances, rules and regulations as it deems necessary for the protection of the public health, not inconsistent with state law; and may establish and regulate hospitals, and provide for their operation and support. The governing body may make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits.”
Does anyone have any specific case law decisions that would support the imposition of more stringent emergency orders for sanitary measures and the protection of patrons in critical infrastructure sectors that will remain open?
Thank you.
Michael T. Beason, OBA #18535
City Attorney – Altus
509 S. Main St.
Altus, Oklahoma 73521
Referenced here is a link regarding enforcement research that may be helpful.
https://www.omag.org/news/2020/3/24/enforcement-of-the-governors-executive-order-during-a-state-of-emergency
Jeff Bryant
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0
From: Oama oama-bounces@lists.imla.org On Behalf Of Toni Capra
Sent: Thursday, March 26, 2020 12:13 PM
To: Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] City Emergency Orders More Stringent than State Emergency Orders
By the way Michael, you have a great mayor. We in the Park claim him too!
From: Michael Beasonmailto:mbeason@altusok.gov
Sent: Thursday, March 26, 2020 11:10 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] City Emergency Orders More Stringent than State Emergency Orders
I anticipate that my Mayor will be releasing new emergency orders in light of the Fourth Amended Executive Order 2020-07 and the Amended Executive Order 2020-01. I anticipate that the Mayor will propose stricter provisions for sanitization and patron safety for those businesses now listed as critical infrastructure sector. I am looking for specific case law which permits city ordinances or emergency orders to be more strict than state statutes or emergency orders. I am familiar with 11 O.S. section 22-120 which states “The municipal governing body may enact and enforce such ordinances, rules and regulations as it deems necessary for the protection of the public health, not inconsistent with state law; and may establish and regulate hospitals, and provide for their operation and support. The governing body may make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits.”
Does anyone have any specific case law decisions that would support the imposition of more stringent emergency orders for sanitary measures and the protection of patrons in critical infrastructure sectors that will remain open?
Thank you.
Michael T. Beason, OBA #18535
City Attorney – Altus
509 S. Main St.
Altus, Oklahoma 73521
