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'We are not taking control of any property' St. Tammany president clarifies mask-mandate order

Cooper said the powers have been provided to parish presidents since 1993 and has been included in St. Tammany Parish Executive orders since at least 2005.

ST. TAMMANY PARISH, La. — The St. Tammany Parish President on Friday had to clarify language in his executive order reissuing a parish-wide mask mandate after anti-mask social media users shared partial screenshots of the order online.

The paragraph in question reads:

“It is further ordered that Michael B. Cooper, as Parish President, maintains the authority to assume total control of the parish including, but not limited to, all private and public properties and utilities necessary to ensure safety, health and welfare of the citizens and property of this Parish and to issue all necessary orders;”

“We are not taking control of any property or belongings,” Cooper said. “This language, that was included in every emergency Executive Order, is designed to protect citizens during an emergency when the resources are otherwise not available. I want our citizens to rest assured that we are not assuming control of any private properties with regard to COVID-19.”

The language in the executive order mirrors La. Rev. Statue 29:727 which gives certain powers to parish presidents after declaring a disaster or emergency. The law states in part:

“Subject to any applicable requirements for compensation, commandeer or utilize any private property if he finds this necessary to cope with the local disaster. For purposes of this Paragraph, private property does not include firearms, ammunition, or components of firearms or ammunition.”

“For example, the provision allows the government the ability to use a citizen’s boat to rescue flood victims, a commercial parking lot for the distribution of food and water or a drug store’s medical supplies, if necessary, to treat patients in an emergency,” Cooper said. “The government would still be responsible for paying the property owner for use of their property.”

“We are not taking control of your homes, your properties or your belongings.” Parish President Mike Cooper would like...

Posted by St. Tammany Parish Government on Friday, August 6, 2021

Screenshots of Cooper’s executive order were shared online by the Facebook Group “Concerned Citizens of St. Tammany” which called the language “unconstitutional and illegal.”

"Our parish president has lost his mind! This is scary stuff," Ashley Noble wrote, sharing a screenshot of the order on Facebook Group "Unmask St. Tammany - Free the Smiles."

Cooper said the powers have been provided to parish presidents since 1993 and the language has been included in St. Tammany Parish Executive orders since at least 2005. Cooper's executive order declaring a state of emergency before Hurricane Delta made landfall last year has the same language.

The parish president said the only time this power was used in the parish was in seizing a radio station after Hurricane Katrina to provide public communications. 

“I pray that this is a power that I will never have to use. Please know that my priority will continue to be health, safety, and welfare of the citizens to St. Tammany Parish,” Cooper said.

   

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