When an emergency requires states to issue shelter in place or stay at home orders, each state takes a different approach. Basically, these types of orders require Americans to stay at home except to do essential activities like grocery shopping or going to the pharmacy.
A shelter in place order forces all non-essential businesses to close and prohibits people from leaving their homes except to do essential functions.
Local officials use shelter in place orders when there is an emergency, or immediately after an emergency. These orders are typically used in emergencies like chemical spills or natural disasters.
Officials may also issue a shelter in place order during a pandemic like COVID-19. This has been the case in several U.S states where multiple governors ordered residents to stay home for weeks.
The terms of each shelter in place order are usually spelled out through the specific laws of a state or a city. For instance, one of the phrases consistently used in the shelter in place laws for preventing the spread of COVID-19 is "keep 6 feet apart."
In most shelter in place orders, you are allowed to do the following:
This will depend on the state laws and how authorities choose to approach them. Some states may follow the guidance issued by federal institutions, while others create their own criteria to identify what qualifies as an essential business.
Illinois, California, and Minnesota, for instance, followed the guidelines outlined by the U.S. Department of Homeland Security, Cyber Security & Infrastructure Security Agency (CISA) to identify essential businesses during the COVID-19 pandemic. On the other hand, states like New York and Pennsylvania came up with their own standard when determining what qualified as an essential business.
In general, the following businesses will typically qualify as essential businesses:
State governments ultimately have the power to declare a shelter in place order. This power can derive from the state constitution, statutes, or regulations. However, the states can also give cities and towns authority, allowing them to take their own actions.
The answer depends on what the actual rules say. Some shelter in place rules like ones in Santa Clara county state that violating shelter in place "is a misdemeanor punishable by fine, imprisonment, or both." Other states are merely relying on the mounting social pressure on individuals to comply with the orders.
Shelter in place orders, as stated above, are mostly issued immediately after or during an emergency. This can be done as a response to a natural disaster or during wartime (for chemical and nuclear attacks).
A "stay at home order" is usually ordered to limit movements of the population to slow down the spread of a virus. Thus, some state officials may use "stay at home" instead of "shelter in place" during pandemics. This is because, during a pandemic, the type of isolation required to prevent the spread may be different.
In essence, however, both shelter in place orders and stay at home orders outline the same thing.
Lockdown is usually ordered when there is a specific threat, like an active shooter. When a lockdown is ordered, people are required to look for space that is safe at that moment.
Self-quarantine will be ordered if you have been potentially exposed to something that may transmit to others. In such cases, you will be ordered to stay at home for a specific period, not have any visitors, and keep distance between you and anyone living in your household.
Shelter in place and stay at home rules and the specific requirements that come with them can often be confusing. These rules can also have a wide range of legal implications for businesses and individuals. If you have legal concerns regarding a shelter in place rule, it is worth your time to speak to an attorney near you.
Boundary Issue in Everett WA
We have a neighbor who put up a fence along the north border of our lot before we bought our home (6+ years ago.) The prior owner of our home told us the fence really wasn't in the right place and was placed some 2-3 feet inside the true property line on our side. He had told the neighbors this, but they proceeded anyway. He did not take any further action. We would like to reclaim this land...how do we go about doing it? Do we simply get the land surveyed, explain to the neighbor, and do as we like? Who handles the expense of removing the existing fence? Is there any reason they would have a case for the land--like since we haven't disputed it for many years? Also, what is the general rule for shared fences, as our next thought would be to install a new fence along the correct line.
Thanks.
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