From The Tribune staff reports
MONTGOMERY — Attorney General Steve Marshall issued a statement after some local municipalities announced they will continue more strict regulations as the state begins to phase out the Stay-at-Home order.
Marshall said municipalities have the right to make local decisions in order to preserve the health and safety of residents. However, Marshall said those decisions must stay within constitutional parameters.
“Municipalities are thus strongly advised to carefully balance the constitutional implications of imposing and enforcing more restrictive safety measures against the need for such measures,” Marshall said. “As case law tells us, the broadness of these police powers is not a license to abuse them.”
The Attorney General’s Office has published guidance on March 25 (here) and April 8 (here), that more fully explains the constitutional requirements for municipal use-of-power.