From: Stephen Grammont (islander@midmaine.com)
Date: Sun Sep 11 2005 - 14:33:23 PDT
On Sep 11, 2005, at 3:11 PM, Sonny Heath wrote:
> I heard that either Mississippi or Luisanna governor declared martial
> law WITHOUT the authority to do so. Something about a state of
> emergency could be declared but NOT martial law.
Sorta correct. Neither state declared Martial Law, though for various
reasons it has been reported to have been declared in places. The term
has been used incorrectly by news media, politicians, talking heads,
and Joe Public in place of the correct term "State of Emergency". The
two are not the same thing, but far too many people think they are
interchangeable terms.
Apparently much of the confusion came from mistaken media reports, just
as the storm came in, that Martial Law had been declared instead of the
correct State of Emergency. The one legit source of the disinformation
came from NO Mayor Nagin who "declared" it, but his declaration was
probably a misuse of the term rather than him thinking he had the power
to declare real Martial Law. Here are two links:
http://www.cnn.com/2005/LAW/09/08/martial.law.qanda/.
http://jurist.law.pitt.edu/paperchase/2005/08/update-new-orleans-mayor-
declares.php
As for the weapons confiscation rules, they might be legal:
" 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."
http://www.nola.com/newslogs/breakingtp/index.ssf?/mtlogs/nola_Times-
Picayune/archives/2005_08.html#075262
Hope that helps!
Steve
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