Coronavirus II

[chipbennett]

An infraction or ordinance violation is not a crime.

“Dearborn County citizens should be, and hereby are, notified that a person who knowingly, intentionally, or recklessly violates any provision of Governor Holcomb’s Executive Order 20-18 commits a Class B misdemeanor, punishable by a fine of up to One Thousand Dollars ($1,000.00) and a sentence of Zero (0) to One Hundred Eighty (180) days pursuant to Indiana Code § 10-14-3-34,” the news release states.

Please cite the clause in 10-14-3 that authorizes the Governor to issue an enforceable stay-at-home order to the general citizenry.

 

[smokingman]

[video]https://twitter.com/i/status/1247975170892894208[/video]

 

[chipbennett]

Well, you said "crime," which is technically inaccurate. An infraction or ordinance violation is not a crime, it's basically a civil matter.

Perhaps a bit pedantic, but certainly fits the INGO vibe.

IANAL, just an engineer. And even for me, in this context, "crime" is, indeed, too pedantic. But, as you say: it is INGO!

 

[HoughMade]

Please cite the clause in 10-14-3 that authorizes the Governor to issue an enforceable stay-at-home order to the general citizenry.

(d) In addition to the governor's other powers, the governor may do the following while the state of emergency exists:…

…(7) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in the area…

Ind. Code Ann. § 10-14-3-12.

 

[eldirector]

Darwin approves of taking cruises at this time.

But, only to the Galapagos.

 

[Sigblitz]

Please cite the clause in 10-14-3 that authorizes the Governor to issue an enforceable stay-at-home order to the general citizenry.

10-14-3-11-(2)-d
You're cited code 10-14-3-34 is the charge.

 

[chipbennett]

Ind. Code Ann. § 10-14-3-12.

And, in this context, disaster area is defined how, exactly?

 

[chipbennett]

10-14-3-11-D
You're cited code 10-14-3-34 is the charge.

There is no 11-D. I assume you mean 11(b)-2(D)? In which case: what drills are being conducted, or actual emergency or disaster is taking place, and in what specific location?

There is simply no way that the legislative intent of this section, or of the one cited by Hough, was that the Governor would have the authority to direct the movement of all citizens within the entire state, generally - as opposed to specific persons within a geographically specific location who are specifically impacted by a specific occurrence.

 

[Sigblitz]

And, in this context, disaster area is defined how, exactly?

It also says emergency. It's my understanding we're under a public health emergency.

 

[T.Lex]

There is simply no way that the legislative intent of this section, or of the one cited by Hough, was that the Governor would have the authority to direct the movement of all citizens within the entire state, generally - as opposed to specific persons within a geographically specific location who are specifically impacted by a specific occurrence.

Doesn't matter what the "legislative intent" is/was, what matters is on the page. Totally legit to call this a statewide event and limit everyone in the state.

 

[Sigblitz]

I corrected the code address.

 

[foszoe]

legislative intent is the purview of courts no?

Seems the legislative intent is being interpreted both ways.

There is no 11-D. I assume you mean 11(b)-2(D)? In which case: what drills are being conducted, or actual emergency or disaster is taking place, and in what specific location?

There is simply no way that the legislative intent of this section, or of the one cited by Hough, was that the Governor would have the authority to direct the movement of all citizens within the entire state, generally - as opposed to specific persons within a geographically specific location who are specifically impacted by a specific occurrence.

 

[Sigblitz]

Ind. Code Ann. § 10-14-3-12.

 

[Sigblitz]

IANAL, just an engineer. And even for me, in this context, "crime" is, indeed, too pedantic. But, as you say: it is INGO!

A crime, anyone with the suspect is required to ID.
[STRIKE] A misdemeanor[/STRIKE] An infraction, no.

This is not popular, especially during traffic stops, but it is code. Failure to ID for no reason is not grounds for suspicion.

Had to edit that. Shure someone caught it.

 

[HoughMade]

And, in this context, disaster area is defined how, exactly?

The entire state has been in a state of "disaster emergency"; and there are checks and balances.

a) The governor shall declare a disaster emergency by executive order or proclamation if the governor determines that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency continues until the governor:

(1) determines that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist; and

(2) terminates the state of disaster emergency by executive order or proclamation.

A state of disaster emergency may not continue for longer than thirty (30) days unless the state of disaster emergency is renewed by the governor. The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. If the general assembly terminates a state of disaster emergency under this subsection, the governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection must indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought the disaster about or that make possible termination of the state of disaster emergency. An executive order or proclamation under this subsection shall be disseminated promptly by means calculated to bring the order's or proclamation's contents to the attention of the general public. Unless the circumstances attendant upon the disaster prevent or impede, an executive order or proclamation shall be promptly filed with the secretary of state and with the clerk of the city or town affected or with the clerk of the circuit court.

Ind. Code Ann. § 10-14-3-12.

And to anticipate:

(a) As used in this chapter, “disaster” means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural phenomenon or human act.

(b) The term includes any of the following:

…(22) Epidemic.

(23) Public health emergency…

…(30) Any other public calamity requiring emergency action.

Ind. Code Ann. § 10-14-3-1.

 

[Sigblitz]

Helping the granddaughter with homework remotely, now off to cut the back yard before it rains.

 

[Cygnus]

55.89 for 6x150 tablets,prime free shipping.Steramine

https://www.amazon.com/gp/product/B01G61P9BQ/ref=ppx_yo_dt_b_asin_title_o05_s00?ie=UTF8&psc=1

4 left in stock at the moment.

Here ya go. Available on Amazon and a couple of other websites.

Another source. In stock and ships fast. You can order a single bottle.

https://www.divegearexpress.com/steramine-multi-purpose-sanitizer

Well that was quick! Edwards-Councilor Company responded with this email -

Thanks for the good info INGO! I somehow missed out on the 2packs. The case seemed like too much for needs but I found Bar Maid by Kegworks. EXACT same ingredients and use label. In fact the blue bottle was in the pic but nit the link. It was %15.61 for a 150ct bottle. Delivered this Friday (it's even shipped).
That was a few hours ago, now it's price is $32 for the same bottle. Different seller, but the product may be an option as it looks to be the chemical ratio. Someone else can confirm. Again : Bar Maid by Kegworks

 

[Route 45]

Thanks for the good info INGO! I somehow missed out on the 2packs. The case seemed like too much for needs but I found Bar Maid by Kegworks. EXACT same ingredients and use label. In fact the blue bottle was in the pic but nit the link. It was %15.61 for a 150ct bottle. Delivered this Friday (it's even shipped).
That was a few hours ago, now it's price is $32 for the same bottle. Different seller, but the product may be an option as it looks to be the chemical ratio. Someone else can confirm. Again : Bar Maid by Kegworks

I ordered 1 bottle each from Webstaurant.com and divegearexpress.com. I ordered the bottle from Webstaurant a couple of days before the Dive Gear order, but the Dive Gear order got to me first. They really do ship fast, if that makes a difference for you. Says on their website that they ship within 24 hours.

 

[chipbennett]

Doesn't matter what the "legislative intent" is/was, what matters is on the page. Totally legit to call this a statewide event and limit everyone in the state.

legislative intent is the purview of courts no?

Seems the legislative intent is being interpreted both ways.

It also says emergency. It's my understanding we're under a public health emergency.

The entire state has been in a state of "disaster emergency"; and there are checks and balances.



Ind. Code Ann. § 10-14-3-12.

And to anticipate:


Ind. Code Ann. § 10-14-3-1.

Indeed, that likely would have been my next question (though I already knew/assumed "epidemic" or some variation was already included).

"Checks and balances" are pretty much only that a declared state of emergency must be renewed every 30 days, and can be overridden by the General Assembly.

There is no way that the GA gave, or intended to give, the Governor the authority to control ingress, egress, and movement within the entire state, by every person in, coming into, or going out of, the state, as a whole. And even if that was the GA's intent, the GA itself doesn't have the authority to do that.

What you are asserting is that a Governor's declaration of emergency is equal to martial (or, as this is INGO, Marshall) law.

This, again, gets at the heart of my concern for everything that is taking place - and widespread willingness to accept it - in terms of the state subverting individual liberty, in response to a virus.

 

[Leadeye]

Yeah, that's when I turned him off.

You'd need to drink approximately 5 liters of it to get what would come in a very low dose pill.

I don't have that much gin.