Thanksgiving and the Georgia Code

I thought I’d point you to every instance where the Georgia Code addressed the Thanksgiving holiday:

OCGA 25-9-3: Blasting or excavating near nuclear facilities is prohibited on Thanksgiving. That’s good to know, huh?

OCGA 1-4-1. Public and legal holidays: leave for observance of religious holidays not specifically provided for: While the statute doesn’t mention Thanksgiving, it mentions “designated” public or legal holidays, and since January 1, 1984, the feds have set Thanksgiving as one of those designated days, so Georgia adopted that United States Code (5 USC 6103(a)).

OCGA 1-4-17 Declaration of “Georgia Day” doesn’t mention Thanksgiving explicitly, the enabling legislation discussed thanksgiving at length.

“Whereas, on Feb. 12, 1733, the HMS Anne arrived on the coast of what is now Savannah, and a company of settlers, under the command of James Edward Oglethorpe, disembarked in an area known as Yamacraw Bluff, where their first official act was to kneel and offer thanksgiving and prayer to God, then they immediately set up tents and began the grand experiment which would become the colony and later the state of Georgia; and

“Whereas, it is not merely important but imperative that all who now enjoy the results of the hardship and labor of those early settlers set aside a day of remembrance and thanksgiving for their sacrifices.” (Then, the legislature went on to declare “Georgia Day.”) To be totally honest with you, I’ve never heard of it. Have you?)

Not in the GA Code, but 2009 House Resolution 86 commemorated Georgia Tech’s band for it’s 100th year anniversary and performance in the 2008 Macy’s Thanksgiving Parade. Included in the resolution: “Whereas, in 1908, 14 students at the Georgia Institute of Technology joined together to form the first Georgia Tech Band; and Whereas, during the early years, the Tech Band established and popularized the far-reaching tunes “Ramblin’ Wreck,” “Up With the White and Gold” and the school’s alma mater…”

That’s pretty much it for the Georgia Code. What do your local governments say?

Centerville mentions Thanksgiving once, not to commemorate it, or to honor our Forefathers observance of “thanksgiving” or honor God, but to warn you: “No noisy processing of junk or other noisy activity shall be carried on in connection with the licensed business or any Sunday, Christmas, Thanksgiving or at any time between the hours of 6 p.m. and 7 a.m.” So keep your noisy self indoors on Christmas and Thanksgiving in Centerville.

Warner Robins also mentions it once, to explain that employees are excused “without charge” on certain days, to include Thanksgiving. (The code section also mentions Washington’s birthday, not President’s Day, but the feds still actually call it Washington’s birthday because the state of Virginia objected to calling it President’s Day when the feds sought to consolidate all federal holidays in 1968).

Houston County and Perry never mention Thanksgiving. They needed to save space for their numerous pages keeping strip clubs out of their jurisdiction.

I hope you had a Happy Thanksgiving and that your Christmas season is full of joy and love.

Kelly Burke, master attorney, former district attorney and magistrate judge, is engaged in private practice. He writes about the law, Rock ‘n’ Roll and politics. These articles are not designed to give legal advice but are designed to inform the public about how the law affects their daily lives.

Contact Burke at kelly@burkelasseterllc.com to comment on this article or suggest articles that you’d like to see, and visit his website, www.kellyburke.com, to view prior columns.

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