EXECUTIVE ORDER

 

BY THE GOVERNOR:

WHEREAS:

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STATE OF EMERGENCY DECLARATION

Across the United States, Americans have gathered in solidarity to
demand justice for George Floyd, Ahmaud Arbery, Breonna Taylor,
and many others who were tragically killed; and

To foster productive discussion and effectuate meaningful change,
community leaders have urged peaceful assembly to ensure the
lawful exercise of citizens? constitutional rights; and

In the City of Atlanta and Fulton County, thousands of people have
peacefully protested, but sadly, these gatherings have been
infiltrated by some with a dangerous, destructive agenda; and

For over two months, the City of Atlanta has grappled with countless
threats to public safety with riots, extensive property destruction,
and human injury in multiple communities; and

There has been a dramatic increase in violent crime in Georgia?s
capital city; and

During the Fourth of July weekend, there were over thirty gunshot
victims across Atlanta, resulting in at least five deaths, including the
tragic murders of eight-year~old Secoriea Turner and a fifty-three?
year?old man; and

Both individuals were murdered in the area of University Avenue and
Pryor Road near the Wendy?s restaurant where Rayshard Brooks was
killed by an Atlanta police officer on June 12, 2020; and

At that location, city officials have failed to quell ongoing violence
with armed individuals threatening citizens, shooting at passersby,
blocking streets, destroying local businesses, and defying orders to
disperse; and

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On the morning of Sunday, July 5, 2020, roughly sixty to one
hundred individuals armed with rocks, spray paint, and fireworks
targeted the Georgia Department of Public Safety headquarters on
United Avenue, breaking windows, vandalizing state property, and
attempting to set fire to the building; and

Criminals are now victimizing Georgians to inflict chaos, cause fear
among residents, and thwart law enforcement; and

This ongoing threat to public safety will not be tolerated; and

Code Section 38-2-6 grants the Governor the authority to empower
the Georgia National Guard to subdue riot and unlawful assembly as
well as arrest and apprehend persons when called to active duty to
respond to emergencies; and

Code Section 38~2u307 vests the Governor with the authority to
empower the Georgia National Guard with the power to arrest and
apprehend persons when called to active duty to respond to
emergencies; and

Code Section 45?12?30 vests the Governor with the authority to order
and direct any person, corporation, association, or group of persons
to do any act or to refrain from any act which would, in his opinion,
prevent danger to life, limb, or property or prevent a breach of the
peace; and

Code Section 45-12-31 vests the Governor with the authority to call
out the Georgia National Guard and order and direct said forces to
take such action as in his judgment may be necessary to avert the
threatened danger and to maintain peace and good order in the
particular circumstances; order any sheriff or sheriffs of this state to
exercise fully the powers granted them and to do all things necessary
to maintain peace and good order; order and direct the Department
of Public Safety and each and every officer thereof to do and perform
such acts and services as he may direct and as in his judgment may
be necessary to maintain peace and good order in the circumstances;
and authorize, order, or direct any state, county, or city official to
enforce such proclamation by injunction, mandamus, or other
appropriate legal action in any and all courts of the state; and

On March 14, 2020, due to the impact of COVID-19 on the State
of Georgia, Iissued Executive Order No. 03.14.20.031, declaring a
Public Health State of Emergency in Georgia; and

The Georgia General Assembly concurred with Executive Order
03.14.220.01 byjoint resolution on March 16, 2020; and

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WHEREAS:

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ORDERED:

ORDERED:

ORDERED:

On April 8, 2020, I renewed the Public Health State Of Emergency
until May 13, 2020 by issuing Executive Order 04.08.2002; and

On April 30, 2020, I renewed the Public Health State of Emergency
until June 12, 2020 by issuing Executive Order 04.30.2001; and

On May 28, 2020, I renewed the Public Health State of Emergency
until July 12, 2020 by issuing Executive Order 0528.20.01; and

On June 29, 2020, I renewed the Public Health State of Emergency
until August 11, 2020 by issuing Executive Order 06.29.2001; and

This Order shall create a coexisting state of emergency in the State of
Georgia with the Public Health State of Emergency described in the
immediately preceding paragraphs; and

The responses by the State to this State of Emergency and the Public
Health State of Emergency should both proceed simultaneously,
without one impeding the other; and

In consultation with public safety officials, community leaders, and
emergency preparedness of?cials, I have determined that the
following actions are necessary and appropriate to protect public
peace and provide for the safety and welfare of Georgia?s citizens,
visitors, and property.

Now, THEREFORE, PURSUANT To THE AFOREMENTIONED GEORGIA
LAW, CODE SECTION 38-3-51, CODE SECTION 45-12-29, AND THE
AUTHORITY IN ME AS THE GOVERNOR OF THE STATE OF
GEORGIA, IT IS HEREBY

That because of unlawful assemblage, violence, overt threats of
violence, disruption of the peace and tranquility Of this state and
danger existing to persons and property, a State of Emergency is
declared in the State of Georgia.

IT IS FURTHER

That such State of Emergency shall expire on Monday, July 13, at
11:59 PM. unless renewed by the Governor.

IT IS FURTHER
That the Georgia Department of Defense provide up to one thousand

(1,000) Georgia National Guard troops to be used in response to this
State of Emergency.

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ORDERED:

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IT IS FURTHER

That these Georgia National Guard troops be called up to State Active
Duty as necessary by the Adjutant General.

IT IS FURTHER

That pursuant to Code Section 38?2-307, the Georgia Department of
Defense troops called to respond to this State of Emergency shall
have the same powers of arrest and apprehension as do law
enforcement officers to be exercised with caution and only if the
circumstances demand the exercise of such powers to protect the
safety of persons or property.

IT IS FURTHER

That all resources of the State of Georgia be made available to assist
in the ongoing response to the State of Emergency in Fulton County.

IT IS FURTHER

That if one or more of the provisions contained in this Order shall be
held to be invalid, in violation of the Georgia Constitution, in
violation of Georgia law, or unenforceable in any respect, such
invalidity, violation, or unenforceability shall not affect any other
provisions of this Order, but, in such case, this Order shall be
construed as if such invalid, illegal, or unenforceable provision had
never been contained within the Order.

11? IS FURTHER

That this Order shall be effective upon signature.

This 6th day of July 2020, at? {k RM.

 

 

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