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Hey - it's ask the #RVAPolitics guy! (1st ed) @JonBecker wants to know: what's the deal with the "emergency powers" Stoney invoked to remove the Stonewall Jackson monument? (Jon's not a Stonewall cosplayer, he's just curious academic-type) No surprise, there's a rabbit hole
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Key point is as #DillonRule state, VA grants power to declare "state of emergency" to gov, not local officials. So it's all in the VA Code, not city ordinances https://law.lis.virginia.gov/vacode/title44/chapter3.2/section44-146.19/
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Gov had declared "state of emergency" in VA for protests since May 31; when he extended it the other day at Stoney's request, I thought it was because Mayor wanted more funding; turns out he had, uh, other ideas
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https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-64-Declaration-of-a-State-of-Emergency-Due-to-Civil-Unrest-and-Institution-of-a-Curfew-in-the-City-of-Richmond.pdf
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https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-64-Declaration-of-a-State-of-Emergency-Due-to-Civil-Unrest-and-Institution-of-a-Curfew-in-the-City-of-Richmond.pdf
Has Stoney or other mayors used emergency powers before? Sure, just 2 years ago, during Hurricane Florence, which is a more recognized use of such powers: https://www.nbc12.com/story/39061316/richmond-mayor-declares-state-of-emergency-as-florence-approaches/
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In general, Emergency mgmt laws are designed for natural disasters like hurricanes and floods. But they have more recently been invoked to deal with civil unrest (which, some argue, is abuse of the law)
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https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=2630&context=sulr
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https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=2630&context=sulr
"emergency" powers are, by their very nature, hard to define. They are usually only constrained by political leaders' imagination - and the courts. But judges are often reluctant to interfere with ongoing political crises, or act after crisis passes 6/ https://www.mlive.com/public-interest/2020/05/court-ruling-favors-governor-in-lawsuit-over-emergency-orders.html
One Q I also see: If emergency since 5/31, Why did Stoney wait until 7/1 to pull down Stonewall? I think @_SmithNicholas_ is right that new state law that just came into effect removed some legal obstacles and risks for the Mayor's actions
7/ https://twitter.com/_SmithNicholas_/status/1275208433923428358
7/ https://twitter.com/_SmithNicholas_/status/1275208433923428358
As we cheer the statue's fall, just remember one thing about "emergency" - It's invoked more and more often by govts at all levels for troubling reasons that go way beyond what I can talk about here
https://books.google.com/books?id=xCclDwAAQBAJ&dq
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https://books.google.com/books?id=xCclDwAAQBAJ&dq
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(For example, I wrote earlier about how "unlawful assembly" declarations are used to extend this kind of emergency or "exceptional" circumstances to justify crackdowns on protestors)
9/ https://twitter.com/rjmarr/status/1275398139558727680?s=20
9/ https://twitter.com/rjmarr/status/1275398139558727680?s=20
