NEWS: New Orleans Mayor Orders Forced Evacuation

The Mayor of New Orleans has authorized law enforcement officers and the U.S. military to forcibly evacuate any left in the city. This order comes on the heels of many citizens refusing rescue efforts. police Captain Marlon Defillo said that he had received the order but forced evacuations have not yet begun. He indicated that that would only be done as a last resort.




What is more concerning is that according to the story there are still and continues to be scattered gunfire throughout the city. This alone is going to slow rescue efforts for those who truly do want to get out. What is wrong with people. The other bad bit of news is that according to the Army Corp. Of Engineers, only 5 of the 148 pumps that keep water out of NOLA are working.

The order just happened. And I feel should have happened long ago -- but then a couple of days ago little force could get into the areas to force any ordered evac, maybe?

But anyway Fred T, another good catch in most recent NO moderate News.

Dallas

I agree and I also wonder why the Federal officals even need his declaration I thought they suspended the Posse C. law and could do it anyway

Posse Comitatus has not been suspended and the term martial law can only be used loosely in regards to NOLA.

"Martial Law Clarified"

The Louisiana Attorney General's office late Tuesday issued a number of clarifications concerning the "martial law" assertions made earlier in the day by local officials and law enforcement agents in the wake of devastation caused by Hurricane Katrina. According to the AG's office, no such term exists in Louisiana state law. The declaration of a state of emergency issued by Gov. Kathleen Blanco on Friday and set to continue for at least a month does, however, give officials power to suspend civil liberties in the process of restoring order, and the Louisiana Homeland Security and Emergency Assistance and Disaster Act of 1993 gives the governor and heads of parishes power to commandeer property.

Tuesday, August 30, 2005 - same day media reported declaration of martial law.

There's also some discussion on this story Here

Anyone who's interested can check that thread as well, it uses the same link I believe but there's different discussion.

Originally posted by Phoenix
Posse Comitatus has not been suspended and the term martial law can only be used loosely in regards to NOLA.

"Martial Law Clarified"

Thanks Phoenix, I was misinformed

Originally posted by FredT



Thanks Phoenix, I was misinformed

I am speculating a bit here,

I think Blanco hired Witt to wade through the details she didn't understand with FEMA, never giving ultimate control to feds with a "federalization order"

Everybody IMHO is operating on work-arounds which are only quasi-legal.

Common sense would dictate getting out of NOLA. However if someone wanted to challenge the orders it would make for very interesting case law at the state and federal level.

I have been following Katrina news from the beginning and cannot determine who is legally in charge other than Gov. Blanco who it appears to me has delegated her authority to underlings such as Witt and by default to Gen. Honore.

Mayor Nagin seems to bounce from one seeming authority to another as it suits him.

I've never seen anything like it in my life.

Yeah people are making him out to be this hero and he dropped the ball as badly as other are being accused of.

I have been doing some digging and if an area is declared a Federal Disaster does that give them the right to evict someone agianst thier will from thier own property? I understand the desire to stay and protect ones home, but in these conditions????

Originally posted by FredT
Yeah people are making him out to be this hero and he dropped the ball as badly as other are being accused of.

I have been doing some digging and if an area is declared a Federal Disaster does that give them the right to evict someone agianst thier will from thier own property? I understand the desire to stay and protect ones home, but in these conditions????

Thats probably true that forced evictions could be done in an area under martial law - since LA doesn't have that mechanism then LA could possibly have defered to a federal declaration.

The "Stafford Act" which I cannot link to the moment cause I've got to go to work makes for interesting reading. Stafford might have some untested (legality) clauses allowing feds to take control where LA cannot. If Stafford was/is used this way a loud hue and cry may/would have come from civil libertarians though.

It would have been far simpler to go with federal martial law early on, but that would stretch legality now because an insurrection would have to be declared by Blanco which is definately not the case now.

Another salient fact is the troops now engaged in recovery efforts are indeed covered by Stafford which has a ten day limit for deployment - what then?

As an aside I believe Blanco engaged the Stafford Act Friday before storm struck which her letter to Bush refered to - clocks ticking.


[edit on 7-9-2005 by Phoenix]

I can understand why some people may wish to remain in their homes, even after such a horrific event such as this. I would imagin that many feel the need to remain in order to protect their property. I wonder if a measure that would allow people to remain would be possible provided those people could prove that they have the necessary provisions to protect themselves exists.

"They will be taken out by force.

Even though in most cases i wouldnt agree with this, i do agree they have to get out. The potential for famine is too great.
I can only hope that its done in a peaceful way. I dont want to see men in black combat uniforms break down their doors, roughing them up because that, i will tell you all, will drive me over the edge.

I'm close to the edge now.

I agree with you Dg in this occasion they need to get the people out. Or they will become human host to all kind of diseases.

As the water are receding the sediments that are left behind are too toxic for people to be living, walking and breathing in that area.

All those who do not leave will be shot or sent to our new Fema prison colony?

Guess it will really be a ghost city.



A baby naps on the sidewalk in front of the Louisiana Superdome on Friday, Sept. 2, 2005, in New Orleans as other await transportation out of town in the wake of Hurricane Katrina.

Originally posted by dgtempe
"They will be taken out by force.

Even though in most cases i wouldnt agree with this, i do agree they have to get out. The potential for famine is too great.
I can only hope that its done in a peaceful way. I dont want to see men in black combat uniforms break down their doors, roughing them up because that, i will tell you all, will drive me over the edge.

I'm close to the edge now.

Having flashbacks to the Janet Reno days and the Elian Gonzalas kidnapping, Waco barbeque party - whew glad those days are long gone.

Looks like they're going to do their best to talk them out from the latest news reports - so no black uniforms.

Originally posted by marg6043
I agree with you Dg in this occasion they need to get the people out. Or they will become human host to all kind of diseases.

As the water are receding the sediments that are left behind are too toxic for people to be living, walking and breathing in that area.

Some officials say disease will be a problem in the wreckage, to justify the new evacuation orders, but the Center for Disease Control says no, "infectious diseases following hurricanes are rare in developed countries such as the United States."

Many officials have warned of infectious diseases from the toxic flood waters in New Orleans in coming weeks, but the Centers for Disease Control and Prevention said it did not expect serious outbreaks. ...Decaying bodies create very little risk for major disease outbreaks, and the CDC noted that outbreaks of infectious diseases following hurricanes are rare in developed countries such as the United States. It said foodborne illness such as salmonella poisoning was more likely.

IMO - the "disease threat" is fearmongering - a communications strategy to:

1. Rationalize and justify forced evacuations (and the subsequent salvage operations and land appropriations);

2. The very real crisis of toxic contamination of flood waters being pumped unfiltered back into the Gulf.

I think I have found the problem, comes to find out The mayor dosent have to power to do this, only the govenor can order this. I think the mayor has less power than maybe he realizes. Turns out he didnt have the power to call for martial law in the early stages.

Moral of the story, tho many leaders not enough followers.

Open a shelter before a storm and during a mandatory evacuation and when the storm is over, the people are being starved and left to die. Evacuate them and force the ones who want to stay and be exposed to extreme hardship, deprivation, and toxicity and they are being interned. Better interned than interred or is it better interred than interned? Whichever, someone will complain of conspiracy and wrongdoing.

I have not problem with the believe that they are going to appropriate land and that the people specially poor and black will have nothing to go back too.

But I also believe that is potential for diseases sprouting around.

And just to think that Mr. President is giving Mr. Vice President the job of taking over the city and do what it seems good to start rebuilding or may I said "taking over the land" it seems kind of obvious.

Something doesn't sound right on all the "After hurracane" stuff going on.

They knew 25,000 people were going to the Superdome. No thought was ever given to bring food, even if it was dropped by airplanes...water, ice???
We do it when we invade other countries, why couldnt we have done so then? Highly irresponsible.
I know this doesnt count anymore, but the buck has always stopped at the presidents desk, you know, the commander in chief. Unreal.

If Clintons administration had failed like this, the Republicans would have crucified CLINTON, not anyone else. And rightfully so.

Originally posted by dgtempe
They knew 25,000 people were going to the Superdome. No thought was ever given to bring food, even if it was dropped by airplanes...water, ice???

That was the city's responsibility. They told people to bring bedding and food and water for three days, usually all it takes for services to be restored. Remember that the Superdome was a "shelter of last resort." There was a mandatory evacuation order in effect.

No one was prepared for the effects of the hurricane, even though everyone should have known and there is a protocol in effect for such disasters that runs from the local to the federal.

For a storm that ravaged over 900 square miles of territory, I think the response was about a good as anyone could reasonably expect. After all, the responders are only human. There are no Super Heroes to come dashing to the rescue.

The New Orleanians who stayed behind and were stranded suffered, to be sure, but it did not have to be as bad as it was. The city, both citizens and government, has to take a big dose of blame for what happened along with the Governor. After they take responsibility for their part, then they can attack the feds and not until.