Lockdown Rules

Tupelo mayor Jason Shelton has issued executive orders that close non essential businesses, and mandate city residents to shelter in place.

Tupelo mayor jason shelton has issued executive orders that close non essential businesses, and mandate city residents to shelter in place.

The actions were taken to help slow the spread of the coronavirus.

But a local attorney says the executive orders could mean big legal troubles for the city.

Allie martin breaks it down for us.

Nats phone ringing city hall the phones at city hall have been busy as residents , business owners and workers want to know if they are impacted by the mayor's executive orders.

Nats auction on saturday, an auction at the tupelo furniture market prompted mayor jason shelton to issue an executive order, limiting the size of public gatherings.

Before his executive order, mayor shelton had encouraged people to follow cdc recommendations, limiting the size of crowds.

"it really increased public awareness that the recommendations, already in place at that time were not being followed, it showed as a city we had to take mandatory action ."

That's what happened later in the day, when an executive order from mayor shelton ordered non essential businesses to close, and a shelter in place order was imposed on tupelo residents, except for necessary travel.

Jim waide is a trial lawyer who has concerns over the executive orders.

Waide says by forcing businesses to shut down, without providing compensation, the city is violating the us constitution.

"no business can be interrupted, stopped , taken over by the government, except by paying just compensation, it's been applied in most extreme cases, started out in civil war when federal government would take ships from private owners to use in the war, us supreme court said that's unconstitutional, it cannot be done.

" waide says the same principle applies when executive orders are issued shutting down businesses.

"u s supreme court ruled last year that if they take somebody's business or property they can immediately file civil rights suit in federal court and be compensated, the fact it's an emergency just goes to the fact they can do it, but that doesn't mean they can do it without paying just compensation."

Standup bridge the executive orders were hammered out during meetings and conference calls with city council members , staff and the city attorney.

The city's legal counsel says extreme measures are needed to hopefully stem the rise in cases of the coronavirus.

"we swell to a population of about 80 thousand everyday here in tupelo , not all those people are our residents, we are the hub of the region and this thing, you can't do nothing, have to start somewhere and we're doing that day by day."

City attorney ben logan says keeping the public safe is the main concern.

"it's going to last longer than we would hope, longer we wait to address it, longer it will last."

The current executive order is in place through midnight sunday.

It could be extended, depending on the number of cases in the area and state