Marshall warns cities not to stray from constitution when making stricter orders than state
State Attorney General Steve Marshall on Tuesday warned Alabama cities not to stray from the state constitution when passing stricter regulations than Gov. Kay Ivey’s new coronavirus order.
Ivey announced Tuesday that the state stay-at-home order will expire Thursday at 5 p.m. in favor of a so-called “Safer at Home” order, where general retailers will be allowed to reopen at 50 percent capacity. Some restrictions from the stay-at-home order will still apply, including restaurants relegated to only curbside or take-out orders and bars remaining closed.
Some cities, including Birmingham, adopted new ordinances to help contain the coronavirus amid the governor’s new order. The Birmingham City Council approved an ordinance mandating residents wear masks when out in public, with exceptions for exercising.
“As the state begins to phase out of the stay-at-home order, municipalities are wrestling with individual and, in some cases, unique decisions regarding the preservation of the health and safety of their residents. In light of today’s announcement, some municipalities have already expressed their intent to impose or maintain more restrictive orders than the state," Marshall said in a statement. "Though Alabama law grants municipalities broad ‘police powers’ when it comes to protecting the public health and safety, these powers must be exercised within constitutional parameters. Municipalities are thus strongly advised to carefully balance the constitutional implications of imposing and enforcing more restrictive safety measures against the need for such measures. As case law tells us, the broadness of these police powers is not a license to abuse them.”
Read more: https://www.al.com/news/2020/04/marshall-warns-cities-not-to-stray-from-constitution-when-making-stricter-orders-than-state.html