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| Louisiana Martial Law Clarified |
| 2005-08-31 |
| The state Attorney General's office on Tuesday sought to clarify reports in some media that "martial law' has been declared in parts of storm-ravaged southeast Louisiana, saying no such term exists in Louisiana law. But even though no martial law exists, Gov. Kathleen Blanco's declaration of a state of emergency gives authorities widespread latitude to suspend civil liberties as they try to restore order and bring victims to safety. Under the Louisiana Homeland Security and Emergency Assistance and Disaster Act of 1993, the governor and, in some cases, chief parish officials, have the right to commandeer or utilize any private property if necessary to cope with the emergency. Authorities may also suspend any statute related to the conduct of official business, or any rule issued by a state agency, if complying would "prevent, hinder or delay necessary action'' to mitigate the emergency. It also gives authority the right to compel evacuations, suspend alcohol and weapons sales and make provisions for the availability and use of temporary emergency housing. The law gives mayors similar authority, except they do not have the right to commandeer private property or make provisions for emergency housing, according to a background brief prepared by the state Attorney General's office. |
| Posted by:Steve |
| #5 It is wroang to say the local officials and police are not doing anything. They are dedicating 100% of their effort to save the lives of those who were unwilling or unable to leave ahead of the storm. Not that all these are worth saving, mind you, but ... I think they are wrong. Loss of order will end up costing lives. In my opinion National Guard or USMC MPs should have been deployed the minute the winds died down, with orders to shoot to kill. Very public orders. It might have taken one dead looter to get the message across. Too late now. |
| Posted by: Glenmore 2005-08-31 18:48 |
| #4 Nor will any one else until they can bring overwhelming force to bear at which time the looting will stop any way. Do we really need a riot on top of everything else? That's the question the peron who issues the shoot who loot order will have to answer after it's all over. |
| Posted by: Mrs. Davis 2005-08-31 15:10 |
| #3 The state and citys affected in Louisiana are not prepared or capable of dealing with this. FEMA will have to take over sole control and militarize the effort. Watching this on FOX and it's obvious. The Local authorites are not doing anything. |
| Posted by: Sock Puppet O´ Doom 2005-08-31 15:05 |
| #2 Doesn't sound like alcohol and weapons sales have been a big issue so far. They ought to change the name of NO to Hobbesville |
| Posted by: VAMark 2005-08-31 12:55 |
| #1 But under the Homeland Security Act, FEMA can declare "Martial Law." I believe what happened is that FEMA declared "Martial Law," without confering with Louisana officials. This clarification is a clear indication that federal agencies, state, and local agencies were not communicating with each other before the declaration. |
| Posted by: Poison Reverse 2005-08-31 10:49 |