On Sunday, there was a declared mandatory evacuation of New Orleans (the mayor or governeor, not sure which). Of course, as we know, being mandoatory did not in fact mean everyone left the city. What exactly was behind the “mandatory” declaration? Does it carry any kind of legal weight or is it just a way of increasing the urgency on the need to evacuate?
Here is the text of the order, which was by the mayor of New Orleans and issued by the local court:
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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 Sheriff’s 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.
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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.
I don’t think you would be arrested for not leaving, but if the authorities found you (and they’re likely looking for you to), they will pick you up and take you to a shelter of some kind whether you like it or not.
I believe (but can’t find the text of the evacuation notice) that failure to comply with the evacuation notice was punishable by $500 or six months in prison. I’ll see if I can dredge up the original text to confirm this. (The official City of New Orleans website isn’t responding, not surprisingly.)
Hmm. Perhaps I’m mistaken.
I found a copy of the New Orleans area hurricane evacuation plan and they didn’t mention any possibility of arrest. I imagine that they would arrest someone if the person was doing something to hinder the evacuation.
It somewhat absolves the police from lawsuit if the evacuee successfully avoids evacuation.
Huh?
What would the police be on the hook for in this situation? If the civil government tells you that have to vamoose or else, you have to vamoose.
But let’s say that New Orleans was hit by an unexpected natural disaster, such as an earthquake, are you going to sue someone because of that? No, you can’t. That’s just the way things are.
If someone
is told it’s a mandatory evacuation
doesn’t evacuate
something happens to him (robbed, raped, beaten, etc.)
he sues the police
Police can say, “Hey, but we told him so.”
Have been wondering the same thing for a couple days. Finally took a spin 'round the 'net. Didn’t find much, and nothing definitive. Closest was a piece in Wiki (specific to the current situation) to the effect that the relevant legal basis is “State of Emergency.” That’s the legal answer. The practical answer is that, now that a judge has approved it, the police and national guard are going to have a free hand to enforce the evacuation order unless and until effectively challenged in court.