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Will Indiana Gov. Eric Holcomb and leaders of local communities in the state clash on reopening the economy?

Nicolas Terry, Hall Render Professor of Law and Director of the Hall Center for Law and Health addressed the legal issues in play for an April 30 story in the South Bend Tribune.

If the governor simply lets his current emergency order expire, then Professor Terry said the county could take action. But Holcomb could retain authority in the matter if he lets the existing order expire and then issues a new emergency order under I.C. 10-14-3-12, the statute that empowers him to declare a disaster emergency, stipulating more precise rules on which types of businesses can reopen and to what degree they can do so, Terry said.

"The powers given to the governor under that are extraordinary and I think would overwhelm any local authority," Professor Terry said. "Where it's interesting is if he allows the state of emergency to end, then presumably his powers end with that and some authority goes back to the counties or localities."   

Earlier in the week, Professor Terry was interviewed by WEHT/WTVW in Evansville about whether Governor Holcomb could grant legal immunity to nursing homes during the COVID-19 pandemic.

"I think it is quite difficult to see how this could be done through an executive order," Professor Terry said. "I think any such immunity is very likely to be challenged in the courts," Terry explains.