Resource for Preemption Issues Re: Public Health Measures

AK
Amanda Kellar
Thu, Apr 9, 2020 11:12 AM

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image003.jpg@01D60E3E.32797470]http://www.facebook.com/IMLA-259977855541/  [cid:image004.jpg@01D60E3E.32797470] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image005.jpg@01D60E3E.32797470] http://twitter.com/imlalegal  [cid:image006.jpg@01D60E3E.32797470] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D60E3E.32797470]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D60E3E.32797470] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D60E3E.32797470] <http://twitter.com/imlalegal> [cid:image006.jpg@01D60E3E.32797470] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
HN
Houston, Norma
Thu, Apr 9, 2020 12:36 PM

Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image011.jpg@01D60E49.E5525CF0]http://www.facebook.com/IMLA-259977855541/  [cid:image012.jpg@01D60E49.E5525CF0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image013.jpg@01D60E49.E5525CF0] http://twitter.com/imlalegal  [cid:image014.jpg@01D60E49.E5525CF0] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image011.jpg@01D60E49.E5525CF0]<http://www.facebook.com/IMLA-259977855541/> [cid:image012.jpg@01D60E49.E5525CF0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image013.jpg@01D60E49.E5525CF0] <http://twitter.com/imlalegal> [cid:image014.jpg@01D60E49.E5525CF0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
CT
Chuck Thompson
Thu, Apr 9, 2020 1:59 PM

Norma, Please feel free to share.  Obviously, we'd prefer that those we help are members, since our resources are limited, but in a time of crisis, we'll try to help all we can. My hope is that those who aren't members now will see the value of keeping us alive and join.  Chuck

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 8:36 AM
To: Amanda Kellar akellar@imla.org; disasterrelief@lists.imla.org; Bobby Outten comgr@darenc.com
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image005.jpg@01D60E55.8BA56650]http://www.facebook.com/IMLA-259977855541/  [cid:image006.jpg@01D60E55.8BA56650] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image007.jpg@01D60E55.8BA56650] http://twitter.com/imlalegal  [cid:image009.jpg@01D60E55.8BA56650] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Norma, Please feel free to share. Obviously, we'd prefer that those we help are members, since our resources are limited, but in a time of crisis, we'll try to help all we can. My hope is that those who aren't members now will see the value of keeping us alive and join. Chuck From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 8:36 AM To: Amanda Kellar <akellar@imla.org>; disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.com> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image005.jpg@01D60E55.8BA56650]<http://www.facebook.com/IMLA-259977855541/> [cid:image006.jpg@01D60E55.8BA56650] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image007.jpg@01D60E55.8BA56650] <http://twitter.com/imlalegal> [cid:image009.jpg@01D60E55.8BA56650] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
HN
Houston, Norma
Thu, Apr 9, 2020 2:18 PM

That's a great point Chuck - so far, we have no state preemption here (Our Governor's Executive Orders have specifically preserved local authorities to impose more restrictive emergency measures), but knowing your resources are there may be of benefit, and I appreciate the opportunity to share.

Stay safe!
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Chuck Thompson cthompson@imla.org
Sent: Thursday, April 9, 2020 9:59 AM
To: Houston, Norma nhouston@sog.unc.edu; Amanda Kellar akellar@imla.org; disasterrelief@lists.imla.org; Bobby Outten comgr@darenc.com
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

Norma, Please feel free to share.  Obviously, we'd prefer that those we help are members, since our resources are limited, but in a time of crisis, we'll try to help all we can. My hope is that those who aren't members now will see the value of keeping us alive and join.  Chuck

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 8:36 AM
To: Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image013.jpg@01D60E58.30FDD220]http://www.facebook.com/IMLA-259977855541/  [cid:image014.jpg@01D60E58.30FDD220] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image015.jpg@01D60E58.30FDD220] http://twitter.com/imlalegal  [cid:image016.jpg@01D60E58.30FDD220] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

That's a great point Chuck - so far, we have no state preemption here (Our Governor's Executive Orders have specifically preserved local authorities to impose more restrictive emergency measures), but knowing your resources are there may be of benefit, and I appreciate the opportunity to share. Stay safe! Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Chuck Thompson <cthompson@imla.org> Sent: Thursday, April 9, 2020 9:59 AM To: Houston, Norma <nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.org>; disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.com> Subject: RE: Resource for Preemption Issues Re: Public Health Measures Norma, Please feel free to share. Obviously, we'd prefer that those we help are members, since our resources are limited, but in a time of crisis, we'll try to help all we can. My hope is that those who aren't members now will see the value of keeping us alive and join. Chuck From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 8:36 AM To: Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image013.jpg@01D60E58.30FDD220]<http://www.facebook.com/IMLA-259977855541/> [cid:image014.jpg@01D60E58.30FDD220] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image015.jpg@01D60E58.30FDD220] <http://twitter.com/imlalegal> [cid:image016.jpg@01D60E58.30FDD220] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
EH
Elizabeth Hundley
Thu, Apr 9, 2020 4:33 PM

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 7:36 AM
To: Amanda Kellar akellar@imla.org; disasterrelief@lists.imla.org; Bobby Outten comgr@darenc.com
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.commailto:SecurityAlert@cctexas.com. ] ]


Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image005.jpg@01D60E62.BDACCA50]http://www.facebook.com/IMLA-259977855541/  [cid:image006.jpg@01D60E62.BDACCA50] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image007.jpg@01D60E62.BDACCA50] http://twitter.com/imlalegal  [cid:image009.jpg@01D60E62.BDACCA50] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 7:36 AM To: Amanda Kellar <akellar@imla.org>; disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.com> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com<mailto:SecurityAlert@cctexas.com>. ] ] ________________________________ Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image005.jpg@01D60E62.BDACCA50]<http://www.facebook.com/IMLA-259977855541/> [cid:image006.jpg@01D60E62.BDACCA50] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image007.jpg@01D60E62.BDACCA50] <http://twitter.com/imlalegal> [cid:image009.jpg@01D60E62.BDACCA50] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
EH
Elizabeth Hundley
Thu, Apr 9, 2020 4:34 PM

The Texas AG just chimed in on such a matter.  Please see attached.

From: Elizabeth Hundley
Sent: Thursday, April 9, 2020 11:34 AM
To: Houston, Norma nhouston@sog.unc.edu; Amanda Kellar akellar@imla.org; disasterrelief@lists.imla.org; Bobby Outten comgr@darenc.com
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 7:36 AM
To: Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.commailto:SecurityAlert@cctexas.com. ] ]


Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image012.jpg@01D60E62.E5025ED0]http://www.facebook.com/IMLA-259977855541/  [cid:image013.jpg@01D60E62.E5025ED0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image014.jpg@01D60E62.E5025ED0] http://twitter.com/imlalegal  [cid:image015.jpg@01D60E62.E5025ED0] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

The Texas AG just chimed in on such a matter. Please see attached. From: Elizabeth Hundley Sent: Thursday, April 9, 2020 11:34 AM To: Houston, Norma <nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.org>; disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.com> Subject: RE: Resource for Preemption Issues Re: Public Health Measures From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 7:36 AM To: Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com<mailto:SecurityAlert@cctexas.com>. ] ] ________________________________ Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image012.jpg@01D60E62.E5025ED0]<http://www.facebook.com/IMLA-259977855541/> [cid:image013.jpg@01D60E62.E5025ED0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image014.jpg@01D60E62.E5025ED0] <http://twitter.com/imlalegal> [cid:image015.jpg@01D60E62.E5025ED0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
HN
Houston, Norma
Thu, Apr 9, 2020 5:52 PM

The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive).

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Elizabeth Hundley ElizabethH@cctexas.com
Sent: Thursday, April 9, 2020 12:35 PM
To: Houston, Norma nhouston@sog.unc.edu; Amanda Kellar akellar@imla.org; disasterrelief@lists.imla.org; Bobby Outten comgr@darenc.com
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

The Texas AG just chimed in on such a matter.  Please see attached.

From: Elizabeth Hundley
Sent: Thursday, April 9, 2020 11:34 AM
To: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 7:36 AM
To: Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.commailto:SecurityAlert@cctexas.com. ] ]


Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image006.jpg@01D60E75.FD9967A0]http://www.facebook.com/IMLA-259977855541/  [cid:image007.jpg@01D60E75.FD9967A0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image009.jpg@01D60E75.FD9967A0] http://twitter.com/imlalegal  [cid:image010.jpg@01D60E75.FD9967A0] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive). [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Elizabeth Hundley <ElizabethH@cctexas.com> Sent: Thursday, April 9, 2020 12:35 PM To: Houston, Norma <nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.org>; disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.com> Subject: RE: Resource for Preemption Issues Re: Public Health Measures The Texas AG just chimed in on such a matter. Please see attached. From: Elizabeth Hundley Sent: Thursday, April 9, 2020 11:34 AM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 7:36 AM To: Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com<mailto:SecurityAlert@cctexas.com>. ] ] ________________________________ Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image006.jpg@01D60E75.FD9967A0]<http://www.facebook.com/IMLA-259977855541/> [cid:image007.jpg@01D60E75.FD9967A0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image009.jpg@01D60E75.FD9967A0] <http://twitter.com/imlalegal> [cid:image010.jpg@01D60E75.FD9967A0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
CT
Chuck Thompson
Thu, Apr 9, 2020 5:58 PM

Norma, All too true, but what it does is let the folks who put him in office know that he's ready to fight on their behalf (regardless of any firm or solid legal basis for doing so).  Now, if Texas had told Louisianans that they couldn't come into the state for fear of coronavirus, his legal theory may have been different and based on the authorities that you describe.  Sorry to appear cynical, but geez, some of the politics going on these days involving preemption is just downright annoying. Chuck

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 1:52 PM
To: Elizabeth Hundley ElizabethH@cctexas.com; Amanda Kellar akellar@imla.org; disasterrelief@lists.imla.org; Bobby Outten comgr@darenc.com
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive).

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Elizabeth Hundley <ElizabethH@cctexas.commailto:ElizabethH@cctexas.com>
Sent: Thursday, April 9, 2020 12:35 PM
To: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

The Texas AG just chimed in on such a matter.  Please see attached.

From: Elizabeth Hundley
Sent: Thursday, April 9, 2020 11:34 AM
To: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 7:36 AM
To: Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.commailto:SecurityAlert@cctexas.com. ] ]


Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image013.jpg@01D60E76.DF4CCB10]http://www.facebook.com/IMLA-259977855541/  [cid:image014.jpg@01D60E76.DF4CCB10] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image015.jpg@01D60E76.DF4CCB10] http://twitter.com/imlalegal  [cid:image016.jpg@01D60E76.DF4CCB10] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Virtual Mid-Year Seminarhttps://imla.org/events/seminars, April 20-24!
IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Norma, All too true, but what it does is let the folks who put him in office know that he's ready to fight on their behalf (regardless of any firm or solid legal basis for doing so). Now, if Texas had told Louisianans that they couldn't come into the state for fear of coronavirus, his legal theory may have been different and based on the authorities that you describe. Sorry to appear cynical, but geez, some of the politics going on these days involving preemption is just downright annoying. Chuck From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 1:52 PM To: Elizabeth Hundley <ElizabethH@cctexas.com>; Amanda Kellar <akellar@imla.org>; disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.com> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive). [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Elizabeth Hundley <ElizabethH@cctexas.com<mailto:ElizabethH@cctexas.com>> Sent: Thursday, April 9, 2020 12:35 PM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures The Texas AG just chimed in on such a matter. Please see attached. From: Elizabeth Hundley Sent: Thursday, April 9, 2020 11:34 AM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 7:36 AM To: Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com<mailto:SecurityAlert@cctexas.com>. ] ] ________________________________ Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image013.jpg@01D60E76.DF4CCB10]<http://www.facebook.com/IMLA-259977855541/> [cid:image014.jpg@01D60E76.DF4CCB10] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image015.jpg@01D60E76.DF4CCB10] <http://twitter.com/imlalegal> [cid:image016.jpg@01D60E76.DF4CCB10] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
PH
Pete Haskel
Thu, Apr 9, 2020 6:50 PM

His argument also would prevent Texas officials from banishing out-of-state home owners who might be residing temporarily in vacation homes along Gulf Coast or in the Davis Mountains, and out-of-state domiciliaries who own ranches, hunting lodges, and the like in Texas that they may wish to occupy during the emergency.  Probably would also apply to protect non-Texan renters other than at-will or hold-overs, because they have a vested property interest in using their leaseholds.  What about out-of-state hotel &  AirBNB  occupants who have long-term contractual rights to occupy?

Pete Haskel
Attorney at Law
Bojorquez Law Firm, PC
11675 Jollyville Road, Suite 300
Austin, Texas 78759
Cell: 214-577-9635 Preferred Tel #
Work: (512) 250-0411
Fax: (512) 250-0749
[logo]<TexasMunicipalLawyers.com>

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chuck Thompson
Sent: Thursday, April 9, 2020 1:58 PM
To: Houston, Norma nhouston@sog.unc.edu; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Norma, All too true, but what it does is let the folks who put him in office know that he's ready to fight on their behalf (regardless of any firm or solid legal basis for doing so).  Now, if Texas had told Louisianans that they couldn't come into the state for fear of coronavirus, his legal theory may have been different and based on the authorities that you describe.  Sorry to appear cynical, but geez, some of the politics going on these days involving preemption is just downright annoying. Chuck

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 1:52 PM
To: Elizabeth Hundley <ElizabethH@cctexas.commailto:ElizabethH@cctexas.com>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive).

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Elizabeth Hundley <ElizabethH@cctexas.commailto:ElizabethH@cctexas.com>
Sent: Thursday, April 9, 2020 12:35 PM
To: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

The Texas AG just chimed in on such a matter.  Please see attached.

From: Elizabeth Hundley
Sent: Thursday, April 9, 2020 11:34 AM
To: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 7:36 AM
To: Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.commailto:SecurityAlert@cctexas.com. ] ]


Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image010.jpg@01D60E7E.2DDE2650]http://www.facebook.com/IMLA-259977855541/  [cid:image011.jpg@01D60E7E.2DDE2650] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image013.jpg@01D60E7E.2DDE2650] http://twitter.com/imlalegal  [cid:image014.jpg@01D60E7E.2DDE2650] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.orghttp://www.imla.org/
Plan Ahead!

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His argument also would prevent Texas officials from banishing out-of-state home owners who might be residing temporarily in vacation homes along Gulf Coast or in the Davis Mountains, and out-of-state domiciliaries who own ranches, hunting lodges, and the like in Texas that they may wish to occupy during the emergency. Probably would also apply to protect non-Texan renters other than at-will or hold-overs, because they have a vested property interest in using their leaseholds. What about out-of-state hotel & AirBNB occupants who have long-term contractual rights to occupy? Pete Haskel Attorney at Law Bojorquez Law Firm, PC 11675 Jollyville Road, Suite 300 Austin, Texas 78759 Cell: 214-577-9635 Preferred Tel # Work: (512) 250-0411 Fax: (512) 250-0749 [logo]<TexasMunicipalLawyers.com> From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson Sent: Thursday, April 9, 2020 1:58 PM To: Houston, Norma <nhouston@sog.unc.edu>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Norma, All too true, but what it does is let the folks who put him in office know that he's ready to fight on their behalf (regardless of any firm or solid legal basis for doing so). Now, if Texas had told Louisianans that they couldn't come into the state for fear of coronavirus, his legal theory may have been different and based on the authorities that you describe. Sorry to appear cynical, but geez, some of the politics going on these days involving preemption is just downright annoying. Chuck From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 1:52 PM To: Elizabeth Hundley <ElizabethH@cctexas.com<mailto:ElizabethH@cctexas.com>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive). [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Elizabeth Hundley <ElizabethH@cctexas.com<mailto:ElizabethH@cctexas.com>> Sent: Thursday, April 9, 2020 12:35 PM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures The Texas AG just chimed in on such a matter. Please see attached. From: Elizabeth Hundley Sent: Thursday, April 9, 2020 11:34 AM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 7:36 AM To: Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com<mailto:SecurityAlert@cctexas.com>. ] ] ________________________________ Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image010.jpg@01D60E7E.2DDE2650]<http://www.facebook.com/IMLA-259977855541/> [cid:image011.jpg@01D60E7E.2DDE2650] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image013.jpg@01D60E7E.2DDE2650] <http://twitter.com/imlalegal> [cid:image014.jpg@01D60E7E.2DDE2650] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
BS
Bob Sterbank
Thu, Apr 9, 2020 7:43 PM

Wait a minute. . .Is that the same line of caselaw on which Texas relied to defend its order prohibiting abortion procedures during the pandemic?  Strange it would be omitted from the AG's letter. . . .

Bob

Bob C. Sterbank
Snoqualmie City Attorney
38624 SE River Street
P.O. Box 987
Snoqualmie, WA  98065

(425) 831-1888 (direct line)
(425) 890-0232 (mobile)

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chuck Thompson
Sent: Thursday, April 9, 2020 10:58 AM
To: Houston, Norma nhouston@sog.unc.edu; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

CAUTION: This email originated from outside the City of Snoqualmie. Do not click links or open attachments unless you recognize the sender and know the content is safe.


Norma, All too true, but what it does is let the folks who put him in office know that he's ready to fight on their behalf (regardless of any firm or solid legal basis for doing so).  Now, if Texas had told Louisianans that they couldn't come into the state for fear of coronavirus, his legal theory may have been different and based on the authorities that you describe.  Sorry to appear cynical, but geez, some of the politics going on these days involving preemption is just downright annoying. Chuck

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 1:52 PM
To: Elizabeth Hundley <ElizabethH@cctexas.commailto:ElizabethH@cctexas.com>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive).

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sog.unc.edu%2F&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660853791&sdata=TTMUFwZHdRp2x9EuJJVA7GrbEB0P8kKoRLRLznJKG7g%3D&reserved=0

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Elizabeth Hundley <ElizabethH@cctexas.commailto:ElizabethH@cctexas.com>
Sent: Thursday, April 9, 2020 12:35 PM
To: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

The Texas AG just chimed in on such a matter.  Please see attached.

From: Elizabeth Hundley
Sent: Thursday, April 9, 2020 11:34 AM
To: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>; Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: RE: Resource for Preemption Issues Re: Public Health Measures

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma
Sent: Thursday, April 9, 2020 7:36 AM
To: Amanda Kellar <akellar@imla.orgmailto:akellar@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.commailto:comgr@darenc.com>
Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.commailto:SecurityAlert@cctexas.com. ] ]


Hi Amanda:

We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.htmlhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.pilotonline.com%2Fnews%2Fvp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660863746&sdata=xQ0bmwQK8g%2FPgsf4Q9PZcCUQAsfcVli3%2BmY%2BEME5qok%3D&reserved=0 - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.htmlhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.newsobserver.com%2Fnews%2Fcoronavirus%2Farticle241572196.html&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660863746&sdata=aqbhucqVHuR3o4y1pqqKrMlyw8ONaPRIhzwmdWhk5tU%3D&reserved=0 - this case settled)

I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above).

May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC?

Many thanks for all you are doing and for IMLA's leadership in these extraordinary times,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sog.unc.edu%2F&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660873699&sdata=krCRtziC%2FJ2pYu2CXneU4NnHIyQmWAdgyAv5WrAi3eA%3D&reserved=0

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Thursday, April 9, 2020 7:12 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures

Good morning,

I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this:

Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.orgmailto:lijia@publicrightsproject.org, 301-335-3828) and Laura Huizar (lhuizar@nelp.orgmailto:lhuizar@nelp.org, 407-758-9824) if you have any interest.

Thanks,

Amanda

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
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Wait a minute. . .Is that the same line of caselaw on which Texas relied to defend its order prohibiting abortion procedures during the pandemic? Strange it would be omitted from the AG's letter. . . . Bob Bob C. Sterbank Snoqualmie City Attorney 38624 SE River Street P.O. Box 987 Snoqualmie, WA 98065 (425) 831-1888 (direct line) (425) 890-0232 (mobile) From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson Sent: Thursday, April 9, 2020 10:58 AM To: Houston, Norma <nhouston@sog.unc.edu>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures CAUTION: This email originated from outside the City of Snoqualmie. Do not click links or open attachments unless you recognize the sender and know the content is safe. ________________________________ Norma, All too true, but what it does is let the folks who put him in office know that he's ready to fight on their behalf (regardless of any firm or solid legal basis for doing so). Now, if Texas had told Louisianans that they couldn't come into the state for fear of coronavirus, his legal theory may have been different and based on the authorities that you describe. Sorry to appear cynical, but geez, some of the politics going on these days involving preemption is just downright annoying. Chuck From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 1:52 PM To: Elizabeth Hundley <ElizabethH@cctexas.com<mailto:ElizabethH@cctexas.com>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive). [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sog.unc.edu%2F&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660853791&sdata=TTMUFwZHdRp2x9EuJJVA7GrbEB0P8kKoRLRLznJKG7g%3D&reserved=0> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Elizabeth Hundley <ElizabethH@cctexas.com<mailto:ElizabethH@cctexas.com>> Sent: Thursday, April 9, 2020 12:35 PM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures The Texas AG just chimed in on such a matter. Please see attached. From: Elizabeth Hundley Sent: Thursday, April 9, 2020 11:34 AM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 7:36 AM To: Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com<mailto:SecurityAlert@cctexas.com>. ] ] ________________________________ Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.pilotonline.com%2Fnews%2Fvp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660863746&sdata=xQ0bmwQK8g%2FPgsf4Q9PZcCUQAsfcVli3%2BmY%2BEME5qok%3D&reserved=0> - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.newsobserver.com%2Fnews%2Fcoronavirus%2Farticle241572196.html&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660863746&sdata=aqbhucqVHuR3o4y1pqqKrMlyw8ONaPRIhzwmdWhk5tU%3D&reserved=0> - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sog.unc.edu%2F&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660873699&sdata=krCRtziC%2FJ2pYu2CXneU4NnHIyQmWAdgyAv5WrAi3eA%3D&reserved=0> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. 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IMLA's 2020 Virtual Mid-Year Seminar<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2Fevents%2Fseminars&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660893612&sdata=1%2Fie%2BIYSNMpxiTwH%2B8CQFHYe%2Fg6IYTrU2ekvMFUGrOw%3D&reserved=0>, April 20-24! IMLA's 85th Annual Conference<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fimla.org%2Fevents%2Fconferences&data=02%7C01%7CBSterbank%40snoqualmiewa.gov%7C68bd8607821a45b4cd2c08d7dcb06f82%7C6490a800faa742789ad4853db3eab362%7C0%7C0%7C637220522660893612&sdata=uivIzfL5zWSf4oZ5EolsHk8AwuN8diXXvNhePvd8YPQ%3D&reserved=0>, September 23-27 in La Quinta, CA!