With Hurricane Irene Bearing Down on CT……What Does It Mean When The Governor Declares A State Of Emergency

In the face of Hurricane Irene, Governor Malloy has declared a “State of Emergency”.  As Norm Pattis tweets “Governor Malloy declares state of emergency three days before Hurricane Irene expected to hit CT? The man does love his prerogatives #Irene.

What is a state of emergency?

In the event of serious disaster, enemy attack, sabotage or other hostile action or in the event of the imminence thereof, the Governor may proclaim that a state of civil preparedness emergency exists, in which event the Governor may personally take direct operational control of any or all parts of the civil preparedness forces and functions in the state. Conn. Gen. Stat. Sec. 28-9.

The Governor must file the proclamation with the Secretary of State.  Upon filing the proclamation is effective.

The proclamation gives the Governor the power “to modify or suspend in whole or in part, by order as hereinafter provided, any statute, regulation or requirement or part thereof whenever the Governor finds such statute, regulation or requirement, or part thereof, is in conflict with the efficient and expeditious execution of civil preparedness functions or the protection of the public health.”

I hope he suspends the ban on Sunday alcohol sales!

Once a state of Emergency is declared the Governor has broad powers to keep order and protect residents:

  • The Governor may order into action all or any part of the department or local or joint organizations for civil preparedness mobile support units or any other civil preparedness forces.
  • The Governor shall order and enforce such blackouts and radio silences as are authorized by the United States Army or its duly designated agency and may take any other precautionary measures reasonably necessary in the light of the emergency.
  • The Governor may designate such vehicles and persons as shall be permitted to move and the routes which they shall follow.
  • The Governor shall take appropriate measures for protecting the health and safety of inmates of state institutions and children in schools.
  •  The Governor may order the evacuation of all or part of the population of stricken or threatened areas and may take such steps as are necessary for the receipt and care of such evacuees.
  •  The Governor may take such other steps as are reasonably necessary in the light of the emergency to protect the health, safety and welfare of the people of the state, to prevent or minimize loss or destruction of property and to minimize the effects of hostile action.
  •  In order to insure the automatic and effective operation of civil preparedness in the event of enemy attack, sabotage or other hostile action, or in the event of the imminence thereof, the Governor may, at the Governor’s discretion, at any time prior to actual development of such conditions, issue such proclamations and executive orders as the Governor deems necessary, such proclamations and orders to become effective only under such conditions.
There you have it.  The more you know. Stay safe this weekend.


Ryan McKeen is a trial attorney at Connecticut Trial Firm, LLC in Glastonbury, Connecticut. In 2016, he was honored by the CT Personal Injury Hall of Fame for securing one of the highest settlements in the state. He is a New Leader in the Law. ABA 100. Avvo 10. 40 under 40 for Hartford Business Journal. He has been quoted in Time Magazine, the New York Times, Hartford Courant, Wall Street Journal Law Blog and the Hartford Business Journal. He focuses his practice on Connecticut Personal Injury law. He loves what he does. Contact him ryan@cttrialfirm.com or 860 471 8333

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