Wayne County Sheriff Warren Evans has sent a written request to Michigan Gov. Jennifer Granholm to declare a state of emergency in Wayne County because of the economy. The letter, released by Evans, who is also a candidate for mayor of Detroit, calls on Granholm to declare a state of emergency, as provided by Michigan law.
The law, which was passed in 1945, reads:
(1) During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, or the commissioner of the Michigan state police or upon his or her own volition, the governor may proclaim a state of emergency and designate the area involved. After making the proclamation or declaration, the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control. Those orders, rules, and regulations may include, but are not limited to, providing for the control of traffic, including public and private transportation, within the area or any section of the area; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages and liquors; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.
(2) The orders, rules, and regulations promulgated under subsection (1) are effective from the date and in the manner prescribed in the orders, rules, and regulations and shall be made public as provided in the orders, rules, and regulations. The orders, rules, and regulations may be amended, modified, or rescinded, in the manner in which they were promulgated, from time to time by the governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the governor that the emergency no longer exists.
(3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.
In his letter to the governor, Evans said the foreclosure crisis has caused numerous citizens to end up on the street and claims that some are committing crimes with the express intent of getting into jail.
Evans asks the governor to declare the emergency and institute an immediate six-month moratorium on foreclosures in Wayne County.
State Sen. Hansen Clarke (D-Detroit) introduced legislation last session in the state Senate designed to create a six-month moratorium on foreclosures for the entire state, but the legislation died without having a hearing.
When asked why the bill died, Clarke said, “Special interests which control this timid term-limited senator.”
He declined to identify either the state senator or the special interests. However, his bill died in the state Senate Banking Committee chaired by term-limited state Sen. Randy Richardville (R-Monroe).
Clarke tells Michigan Messenger he will reintroduce his moratorium bill next week.
In addition, Clarke said he asked Evans to stop processing foreclosure evictions in a letter dated Oct. 14, 2008. No action came from Evans, Clarke noted.
But Clarke says of the sheriff’s letter, “I am also pleased that the sheriff would see the importance of slowing down the foreclosures in Wayne County.”
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