Tamburino Talks Law: Statewide Mask Orders and COVID-19 Executive Orders

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Here in Minneapolis ever since May 26, we've been required to wear masks anytime we go into a place of public accommodation. And, people are wondering could the governor of Minnesota issue such an order statewide. The quick answer to that is, "Yes, he could..." We've been under a peacetime emergency since March 13th. And, that gives the governor great power to issue executive orders. The governor could issue an executive order stating everyone in Minnesota when they go inside a place of public accommodation must wear a mask. In fact, California issued just an order. But here in Minnesota, Gov. Walz hasn't gone that far yet. He has issued many executive orders, but has never stated a requirement for masks only a strong recommendation. So if you're in California you've got to wear a mask everywhere. If you're in Minneapolis you've got to wear a mask when you're inside. But if you're outside in Minneapolis or elsewhere in Minnesota you're not required to wear one it's just strongly recommended.

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Tamburino Talks Law: George Floyd case and how change of venue request will be determined

All four defendants in the George Floyd murder case have asked the court for a change of venue due to negative media attention, and many people are wondering “what is venue” and what does it mean to change venue. Listen here to my full analysis on Tamburino Talks Law or see my article below. Here’s a quick explanation: Venue means where the crime allegedly happened is where the trial will be held. For example, if a liquor store is robbed in Blaine, MN, the robbery trial will happen in Anoka County because Blaine is located in Anoka County. A change of venue is where a court moves the trial from the original county to some other county because the defendant(s) are not likely to receive a fair trial in the original county due to negative pre-trial publicity. Usually the defense will present evidence to the court such as media studies, polling, and affidavits supporting their contention that the potential jury pool in the original county is prejudiced against the defense because o

Tamburino Talks Law: Minnesota on New York State Travel Advisory List

Click Here to Listen to Tamburino Talks Law: Minnesota on New York State Travel Advisory List Gov. Andrew Cuomo of New York recently added Minnesota to the list of approximately 22 states that are part of New York special travel advisories and quarantine rules. New York decided that any person traveling to New York from a state that has a positive Covid-19 testing rate in excess of 10%, or a number of positive cases exceeding 10 per 100,000 residents, based on a 7 day rolling average, must self quarantine for 14 days before they are allowed to travel freely within New York state. There are exceptions for essential workers (such as health care professionals), and for people who are simply traveling through New York and would only be in the state for less than 24 hours. The new rules also differentiate airline travel from non-airline travel. First, if you fly into any airport in New York you will be greeted by official personnel who will question you about where you tr

Tamburino Talks Law: Q&A "Should Elections be Suspended Due to COVID-19? What is the precedent?"

Sometimes during periods of great crisis people in powerful positions have some bad ideas. One of those bad ideas floating around now is the issue of whether we should postpone the general election. That’s a bad idea. We have never postponed a presidential election. Not during the Civil War, World War I, World War II, the Great Depression, civil unrests, or pandemics have we ever postponed or suspended a presidential election. Our political system is strong and can adapt to all sorts of serious problems that may occur. Our right to vote is sacrosanct in the Constitution and nothing should stop or delay our vote in any election, especially a presidential election.

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