Kevin Standlee (kevin_standlee) wrote,
Kevin Standlee

Right Conclusion, Wrong Reason

A local pawnshop owner very active in city politics was quoted in the local Lyon County newspaper insisting that he would continue to stay open despite Governor Steve Sisolak's declaration of a state of emergency ordering all non-essential businesses to close.

(It should be understood here that while governor Sisolak is a Democrat, as is a majority of both houses of the state legislature, most of the state outside of the two largest metropolitan areas is heavily — like upwards of 80% — Republican. In fact, there's a foothold of the political thought in the Nevada rural areas including where I live that the Republicans are way too weak and wimpy. There are a bunch of rural Nevadans trying to recall him; I'm amused to see that some of their fellow Republicans are chastising them for chasing a fool's errand. But I guess there are a lot of people who are convinced that the only Real Murikens are those conservatives living outside of large cities, and that unless you're a Sworn Member of the National Trumpist Dominationist Party, you're a traitor to Murika.)

The pawnshop owner opined that unless martial law were declared, nobody can force him to close. Well, I think he's right that the governor's order doesn't apply to his business, but not for that reason. I went and looked at the declaration itself, and it included a reference to an opinion from the Nevada Attorney General that Nevada Revised Statutes (NRS) section 414 (the laws that govern emergencies) cannot be used to close businesses that sell firearms, and that pawnshop very definitely sells lots of weapons. So in my opinion (IANAL), the pawnshop owner reached the right conclusion, but for the wrong reason, and is grandstanding for the benefit of his political career.

This is the same person who was obliged to resign from the city council when he moved from the ward from which he was elected to another ward, but didn't resign until a court ruled that if you move our of the ward from which you're elected in a municipality with geographic wards, you must resign your seat. To his credit, while he did not resign until the court ruling came down, he did stop attending city council meetings between the time he moved and the time he was obliged to resign. He's also chair of the Fire District, whose members are elected at large and thus he didn't have to resign from it.

In any event, those people insisting that no business can be ordered to close by the Governor are wrong. I went and read NRS 414. There's a declared public health emergency, and the Governor is exercising the powers delegated to him by law. You might not like that law, but it's there. I'll be really surprised if the Freedom At All Costs Including Everyone Dying people get any traction, should they try to take this to the courts.
Tags: fernley, nevada, quarantine

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