What is a State of Emergency?

A state of emergency empowers a government to put through policies it would not normally be allowed to do, in the interest of public safety and security. It may be declared before, during or after a natural disaster or armed conflict, or to deal with a medical pandemic or epidemic.

In a state of emergency, the government may suppress secrecy of correspondence, freedom of assembly and free movement (except for within an area defined by the declaration), confiscate private property and seize resources as it sees fit, as long as it states a specific reason for the measure. It may also intervene in and direct the function of private companies.

The government may impose restrictions on travel, which are usually based on current and impending weather conditions. Large and small private businesses should make informed decisions about delayed openings, cancellations and closures based on the disaster plans and policies of their organization. School districts should also make informed decisions based on local conditions. Schools are not required to close during a state of emergency, but if the Governor and NJOEM do declare an emergency, they should put their crisis management plans into effect and follow instructions from local authorities.

Democracies often derogate from these non-derogable rights during emergencies, but they may do so only for a limited period. Historically, dictatorial regimes have invoked states of emergency indefinitely, and for prolonged periods, to enable them to suppress internal opposition and override constitutional and international legal obligations without having to respect human rights.