Tennessee’s response to crises like natural disasters, public health emergencies, or civil unrest depends on its legal framework for a state of emergency. These declarations grant specific powers and set procedures that can significantly impact residents, businesses, and local governments. Understanding how these emergency measures function is useful for those in Tennessee, as these actions can shape daily life and recovery efforts.
Authority to Declare
In Tennessee, the Governor holds the primary authority to declare a state of emergency, outlined in Tennessee Code Annotated, Title 58, Chapter 2.1Justia Law. Tennessee Code Title 58, Chapter 2, Part 1 (2024) – General Emergency Provisions The Governor may issue an executive order or proclamation if a disaster or emergency has occurred or its threat is imminent, to protect public safety.
Local authorities, like county mayors or municipal chief executives, can also declare local states of emergency. These are confined to their jurisdiction and are used when an emergency exceeds local government capacity, based on similar conditions of an occurred or imminent disaster.
Legal Steps to Implement
For a statewide declaration, the Governor issues an executive order or proclamation. This formal written document, per Tennessee Code Annotated Section 58-2-107, must be filed with the Secretary of State to be effective. It must specify the nature of the emergency, the geographical area threatened, and the conditions necessitating the declaration.
Local emergency declarations, under Tennessee Code Annotated Section 58-2-110, also require a written order or proclamation, promptly filed with the county clerk or municipal official. A copy must be sent to the Tennessee Emergency Management Agency (TEMA) to facilitate coordination. These local orders must also describe the emergency’s nature and the specific affected area.
Powers and Restrictions
A state of emergency declaration grants specific powers to authorities and imposes certain restrictions. These measures help manage the crisis, protect public safety, and allocate resources.
Resource Allocation
During a state of emergency, the Governor can control resources. This includes directing the movement of people, managing premises, materials, facilities, and services for emergency management. This authority allows for commandeering or using private property if necessary. The Governor can also order evacuations, set transportation routes, procure supplies, and enter contracts to address the disaster.
Local chief executives have similar, though geographically limited, powers to control resources and protect health and safety within their jurisdictions.
Price Regulations
Tennessee law prevents price gouging during emergencies. The Tennessee Consumer Protection Act (Tennessee Code Annotated Section 47-18-5103) prohibits selling or renting essential goods and services at a price much higher than before an emergency declaration by the Governor or U.S. President.2Justia Law. Tennessee Code § 47-18-5103 (2024) – Prohibited Acts During Declaration of Abnormal Economic Disruption Essential goods and services include:
- Food, water, ice
- Fuel, petroleum products
- Lumber, building supplies
- Medical supplies
- Services related to construction, repair, and transportation
A state of emergency often triggers heightened scrutiny of pricing for these items.
Curfew Orders
During a state of emergency, the Governor can implement curfews by controlling movement and occupancy in disaster areas. County mayors or municipal chief executives can also establish curfews in their local jurisdictions.
Curfews aim to protect public safety, prevent crime, and help emergency responders. The executive order details the curfew’s hours, area, and exceptions, such as for essential workers or medical emergencies.
Rights and Obligations
During a state of emergency, residents and businesses have rights and obligations. Tennessee law balances emergency response with protecting liberties and property.
Private property is protected. If the state commandeers private property for emergency response, Tennessee Code Annotated Section 58-2-115 requires compensation, unless the property was volunteered.3Justia Law. Tennessee Code § 58-2-115 (2023) – Compensation If compensation is not agreed upon, it is determined similarly to condemnation laws.
Citizens retain rights to due process and equal protection. While the Governor can suspend some laws hindering emergency response, these suspensions target procedural matters and do not infringe on fundamental constitutional rights. State law prohibits new restrictions on lawful firearm handling and ammunition, and also prevents prohibiting church operations during emergencies.
Individuals and businesses must comply with executive orders, including evacuation directives, curfews, and movement restrictions. Citizens are expected to cooperate with emergency personnel and follow public health guidance.
Penalties for Noncompliance
Tennessee Code Annotated Section 58-2-120 states that knowingly disobeying lawful orders during a state of emergency is a Class A misdemeanor.4Justia Law. Tennessee Code § 58-2-120 (2024) – Penalties
Under Tennessee Code Annotated Section 40-35-111, a Class A misdemeanor can result in imprisonment up to eleven months and twenty-nine days, a fine up to $2,500, or both.5Justia Law. Tennessee Code § 40-35-111 (2024) – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors Disregarding an evacuation order, curfew, or other lawful restriction can lead to these penalties.
Price gouging can lead to civil penalties, such as fines and injunctions, pursued by the Attorney General or a district attorney general.
Termination or Extension
A state of emergency in Tennessee is not permanent. The Governor can terminate it by executive order when conditions no longer require it.
A state of emergency declared by the Governor lasts no more than sixty days unless renewed.6Justia Law. Tennessee Code § 58-2-107 (2024) – Emergency Management Powers of the Governor If an extension is needed, a new executive order must be issued.
Local states of emergency are limited to seven days but can be extended in seven-day increments if conditions continue.7Justia Law. Tennessee Code § 58-2-110 (2024) – Emergency Management Powers of Political Subdivisions