California just declared a state of emergency for bird flu. An outbreak of the virus is affecting cows at dairy farms in Southern California. Three million commercial egg-laying chickens in the state have been euthanized after exposure to the virus. Thirty-four people in California tested positive for bird flu. According to Ohio Court of Appeals case State v. Perry in 1972, an emergency is an unforeseen combination of circumstances that calls for immediate action without time for full deliberation. So, is this an unforeseen combination of circumstances? Does it call for immediate action? Is there time for deliberation? Another case elaborates on this.

Sandberg v. Spelstra out of Washington Supreme Court in 1955 states that in an emergency, the actor is momentarily rendered incapable of deliberate and intelligent action. And as a result, injures a third person, he is not negligent. So, if the government acts quickly and without deliberate and intelligent action, as is allegedly justified by the emergency, and harms somebody, there is no liability for the government. So, you can see this is a strategy to allow the government to initiate policies that could harm you and get away with it scot-free. However, there are severe limits to what the government can do in emergencies, and these are present in the written law that you can find in your state and in the federal government.

And when we stand up for our rights, like many people have done, we actually have immense power to prevent the violation of our rights. So, let’s get together, learn what to do, and stand up for ourselves. [tr:trw].

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