Not arguing the wisdom of evacuation one way or the other, just wondering how mandatory is such an evacuation? Legally, can the city force individuals to evacuate? Even if there is legal authority, the city may not choose to act.
Feel free to substitute county, state, or federal for city.
Refusing to evacuate when told/advised to do so will leave you without all services of any kind and at the mercy of the cause of the evacuation whether it is a forest fire or a hurricane, etc.
I have been watching news reports of the upcoming hurricane and the reporters have mentioned many times that although a particular evacuation is mandatory “nobody’s going to go door to door making sure that you’re not still in your home”.
Basically, as Spingears already mentioned, if you don’t pay attention to a mandatory evacuation be aware that there may be nobody around to respond to your 911 call if/when you decide to make one.
I grew up in Florida and was told the reason they issue mandatory evacutations is legal. That way, if in the height of the storm, you call 911 they can say “no, we can’t come” and not face any legal problems.
I know lots of people who don’t evacuate, and at times you get stuck. I know of people who lived on barrier islands in Florida and were planning to leave but the storm changed and they left it too late. Like if the mandatory evacuation says, you have to be off the island by 7pm and suddenly the storm changes and it’s 4pm and the bridge over the island closes and you had planned to leave at 6pm. You’re just out of luck.
Makes sense. There was a mandatory evacuation on Fire Island which I believe was by 3pm Friday. Way sooner than necessary, but everyone wont fit on the last ferry. Statement to this effect was made by officials.
I can see this. I guess I’m looking for an answer to those people who say that officials can’t make you leave; that under certain conditions, in some places in the US, that yes, they can make you leave.
Mayor Bloomberg stated in his press conference that the NYPD can fine or arrest people for not evacuating.
He also said, "“We do not have the manpower to go door-to-door and drag people out of their homes. Nobody’s going to get fined. Nobody’s going to go to jail. But if you don’t follow this, people might die.”
A mandatory evacuation gets the government off the hook. It covers their ass so they don’t have any issues by cutting services… such as 911, rescue, police, fire department, etc.
n Connecticut, we have a mandatory evacuation of homes on a group of small stony islands in one of our harbours (the Thimble islands - beautiful little area).
They did go door-to-door, given such a small population affected. If you refused to comply they made you sign a disclaimer that you were taking all responsibility onto yourself for your own safety and your surviving relatives could not sue.
On the news, the NYC mayor did list the penalties, IIRC, the fine is $500 dollars, and the possible prison term was short, less than 30 days. He said they won’t fine anyone or jail anyone. But I’m pretty sure this does let them off the hook, as was said above.
The NJ Gov, was pretty loud with people still on the beach in Asberry Park. He said, “You tan is fine, now get going.” But then again, Gov. Courzine is very straightforward, and not ashamed to be insulting to someone he disagrees with.
We’ve heard over and over again, that there is limited ability to provide emergency services in a massive flood or tropical force winds. I’d be even more straightforward – Despite what Kanye West says, we do care about you, we’re just not physically capable to assist you under the most severe conditions. We care enough to ask you to get to safety.
uhhh … the current gov of NJ is named Christie, not Courzine, thought I’d correct my mistake before it derailed the thread. He’d currently pleading that people follow the mandatory evacuation. So yeah, mandatory, and possibly has a penalty, but no, they won’t enforce.
In referring to the evacuation of Atlantic City, he did say that he can’t and won’t have anyone arrested for remaining in their homes. As far as the “can’t” portion of his statement, I’m not sure if he feels he legally can’t do it or the practicalities of the situation prevent him from instructing the police to arrest anyone refusing to leave. Maybe both.
Anyway there’s the answer as far as Jersey is concerned. Mandatory isn’t mandatory.
I wonder if the constitutionality of these laws have been tested. I wouldn’t think that it would be permissible for the government to ORDER me to leave my own home. Private property rights and all.
A quick googling has brought up cites that indicate failure to evacuate could be considered a misdemeanor. Seems that more often than not, the penalties aren’t enforced and everyone goes about their business. Here’s an article from the ABA magazine about enforceability issues.