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To: Enchante
This document plugs a couple holes - such as, whether the Mayor had the legal authority to commandeer school and municipal buses.

CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA CITY OF NEW ORLEANS PROMULGATION OF EMERGENCY ORDERS WHEREAS, the National Weather Service has indicated that Hurricane Katrina will likely affect the Louisiana coast with hurricane force winds and heavy rainfall by this evening; WHEREAS, because of anticipated high lake and marsh tides due to the tidal surge, combined with the possibility of intense thunderstorms, hurricane force winds, and widespread severe flooding, Governor Kathleen Blanco and I, New Orleans Mayor C. Ray Nagin, have each declared a State of Emergency; NOW, THEREFORE, I, as the Mayor of the City of New Orleans, pursuant to the authority granted by La. Rev. Stat. 29:727, do hereby promulgate and issue the following orders, which shall be effective immediately and which shall remain in effect until the earlier of five days following the date of this issuance or the declaration by the Governor that the State of Emergency no longer exists: 1. A mandatory evacuation order is hereby called for all of the Parish of Orleans, with only the following exceptions: essential personnel of the United States of America, State of Louisiana and City of New Orleans; essential personnel of regulated utilities and mass transportation services; essential personnel of hospitals and their patients; essential personnel of the media; essential personnel of the Orleans Parish Criminal Sheriffs Office and its inmates and essential personnel of operating hotels and their patrons. Unless covered by one of the aforementioned exceptions, every person is hereby ordered to immediately evacuate the City of New Orleans or, if no other alternative is available, to immediately move to one of the facilities within the City that will be designated as refuges of last resort. 2. In order to effectuate the mandatory evacuation, at the direction of the Mayor, the Chief Administrative Officer, the Director of Homeland Security for the City of New Orleans or any member of the New Orleans Police Department, the City may commandeer any private property, including, but not limited to, buildings that may be designated as refuges of last resort and vehicles that may be used to transport people out the area. The City Attorney is directed to file this declaration promptly in the office of the Clerk of Court and with the Secretary of State. http://www.cityofno.com/portal.aspx?portal=1&tabid=43
423 posted on 09/04/2005 5:03:28 PM PDT by Smelly_Fed
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To: Smelly_Fed; seamole; Grampa Dave; ChadGore; kcvl; backhoe; Cindy; Howlin; Ernest_at_the_Beach; ...
Good info on this thread: Check out evacuation instructions from NOLA website
**See post #26 by seamole:
The main responsibility and authority for operational aspects of evacuation in Orleans Parish lies with the Office of Emergency Preparedness (OEP) within the Chief Administrative Office of the City. The authority to make the final decisions related to an evacuation rests with the Mayor of New Orleans.

I think justification for use of busses (school or city), would also fall under the Americans with Disabilities Act.

424 posted on 09/04/2005 7:33:19 PM PDT by exhaustedmomma (Calling illegal alien an undocumented immigrant is like calling a burglar an uninvited house guest)
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