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A Legal Manual for an Apocalyptic New York
New York Times ^ | February 14, 2011 | WILLIAM GLABERSON

Posted on 02/14/2011 3:52:25 PM PST by Second Amendment First

Major disasters like terrorist attacks and mass epidemics raise confounding issues for rescuers, doctors and government officials. But they also pose bewildering legal questions, including some that may be painful to consider, like how the courts would decide who gets life-saving medicine if there are more victims than supplies.

But courts, like fire departments and homicide detectives, exist in part for gruesome what-ifs. So this month, an official state legal manual was published in New York to serve as a guide for judges and lawyers who could face grim questions in another terrorist attack, a major radiological or chemical contamination or a widespread epidemic.

Quarantines. The closing of businesses. Mass evacuations, warrantless searches of homes. The slaughter of infected animals and the seizing of property. When laws can be suspended and whether infectious people can be isolated against their will or subjected to mandatory treatment. It is all there, in dry legalese, in the manual, published by the state court system and the state bar association.

The most startling legal realities are handled with lawyerly understatement. It notes that the government has broad power to declare a state of emergency. “Once having done so,” it continues, “local authorities may establish curfews, quarantine wide areas, close businesses, restrict public assemblies and, under certain circumstances, suspend local ordinances.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: 2manylawyers
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Here is the manual:

It is all there, in dry legalese, in the manual,

1 posted on 02/14/2011 3:52:26 PM PST by Second Amendment First
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To: Second Amendment First

Their manual for the “Police Sate”...


2 posted on 02/14/2011 3:58:21 PM PST by GraceG
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To: Second Amendment First
As if the people aren't paranoid enough already.

can't recall where I read that it's the left that's so obsessed with things apocalyptic, always making movies about it.

3 posted on 02/14/2011 3:59:20 PM PST by the invisib1e hand (talk to the hand)
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To: Second Amendment First

[1.56] V. Mandatory Examination and Treatment
[1.57] A. Authority
[1.58] 1. Examination
[1.59] 2. Treatment

Charming.


4 posted on 02/14/2011 4:06:03 PM PST by null and void (We are now in day 755 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Second Amendment First
[1.84] 4. Destruction
Health Code [24 RCNY] § 11.25(d)(2) [“[W]here the Department has determined that an animal presents an imminent and substantial threat to the public health, such animal may be humanely destroyed immediately . . . .”].

Buh-bye, Fluffy...

5 posted on 02/14/2011 4:09:09 PM PST by null and void (We are now in day 755 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void

I imagine it has a special section on how trial lawyers can sue for people who trip over potholes caused by A-bombs.


6 posted on 02/14/2011 4:13:03 PM PST by boop ("Let's just say they'll be satisfied with LESS"... Ming the Merciless)
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To: null and void
Very:

[1.85] VIII.Emergency Responses to Disasters

[1.86] A. Authority

[1.87] 1. Executive Law [Exec. Law]

[1.88] a. Role of Localities

[1.89] (i) Local Disaster Emergency Plans

[1.90] (ii) Local Responses to Disasters

[1.91] (iii)Local Use of Disaster Emergency Response Personnel

[1.92] (iv)Local States of Emergency and Suspension of Local Laws

[1.93] b. Role of the State

[1.94] (i) State Disaster Preparedness Plans

[1.95] (ii) State Declaration of Disaster Emergency

[1.96] (iii)Suspension of Laws

[1.97] 2. Additional Statutory Authority for New York City

[1.98] 3. State Defense Emergency Act [SDEA]

[1.99] a. Civil Defense Plans

[1.100] b. Response to an “Attack”

[1.101] c. Allocation of Resources in Disasters

[1.102] C. Statutory Immunity From Liability

7 posted on 02/14/2011 4:14:20 PM PST by Second Amendment First
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To: boop
[1.102] C. Statutory Immunity From Liability

...for hizzoner and the court.

8 posted on 02/14/2011 4:16:57 PM PST by null and void (We are now in day 755 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void

The problem is, they are correct.

You want to let a rabid dog loose in a kindergarten?

By the same token, a confirmed ebola outbreak in NY changes the rules.

Solution - stay the heck out of NYC.


9 posted on 02/14/2011 4:20:17 PM PST by patton
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To: GraceG

NYS has police hiding in trees, behind bldgs, under bridges. I am not kidding. Drive Western NY any time of the day. You WILL NOT see more cops any where in the Nation. I do not know where they get all the money to pay for these people or have any idea why so many have been hired.

But it’s a police state


10 posted on 02/14/2011 4:21:01 PM PST by reefdiver ("Let His day's be few And another takes His office")
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To: patton
Solution - stay the heck out of NYC.

Self quarantine by staying away from cities period.

11 posted on 02/14/2011 4:22:59 PM PST by Second Amendment First
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To: reefdiver

I beg to differ - I95 between DC and Baltimore has a speed camera every mile, two cops between each, and a dunkin doughnuts or starbucks between each pair of cops.

Between the coffee houses, they have signs - “Report Suspicious Incidents!” - about every 15 feet.

Talk about a police state.


12 posted on 02/14/2011 4:26:47 PM PST by patton
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To: Second Amendment First

If you can.


13 posted on 02/14/2011 4:28:49 PM PST by patton
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To: Second Amendment First

” It notes that the government has broad power to declare a state of emergency. “

Which means that the bar is set pretty low for imposing all manner of draconian measures, with the apparent blessing of the court.....


14 posted on 02/14/2011 4:32:58 PM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: null and void
[1.102] C. Statutory Immunity From Liability

Immune from liability, maybe. Immune from consequences? No way.

15 posted on 02/14/2011 4:37:36 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Second Amendment First

What? Nothing on zombies? Didn’t they see Will Smith’s movie?


16 posted on 02/14/2011 4:37:50 PM PST by MeganC (Soli Deo Gloria)
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To: Second Amendment First
These evil pieces of government crap figure they'll still be in charge after the SHTF. Given our cowardly citizenry they probably figure right.

17 posted on 02/14/2011 4:39:10 PM PST by I see my hands (You can know the young posters by the misplaced optimism in their posts.)
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To: Second Amendment First
Wouldn't the first legal act be to pay Bloomy’s taxes?
18 posted on 02/14/2011 4:42:55 PM PST by Hillarys Gate Cult
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To: Second Amendment First

Oh, KMA. If the apo comes any legal types trying any of this crap will be outright killed.
Find that in the legal manual.


19 posted on 02/14/2011 4:44:00 PM PST by bill1952 (Choice is an illusion created between those with power - and those without)
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To: Second Amendment First
“It is a very grim read,” Mr. Younkins said. “This is for potentially very grim situations in which difficult decisions have to be made.”

I can tell from the tone of the above comment that Mr. Younkins is pretty sure he'll be making the grim decisions - not receiving them...

20 posted on 02/14/2011 4:44:17 PM PST by GOPJ (http://hisz.rsoe.hu/alertmap/index2.php - World Disaster Map)
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