Originally posted by mozier:
Forced Evacuations may be Un-American and Anti-Freedom, but they are legal:
http://www.cnn.com/2005/LAW/09/08/martial.law.qanda/index.html
Personally, I would not allow forcible evacuations. If one decides to stay behind, though, then they are on their own. That is the American Way, in my opinion.
Forced evacuations, curfews, commandeered property, etc. have been increasingly ruled legal in recent times. Attitudes have changed as people look to higher levels of government for solutions to all things and slowly give away their freedom. The protection of the common good is the valid justification for actions of government in response to emergencies and, in such cases, some civil liberty is, understandably, temporarily put aside. We would rightly expect the government to do this to restore order, to prevent lawlessness, to assist people in need, etc. We would expect military martial law to be imposed if civil authorities refused or were not able to respond.
The difference, however, in older times and now lies in "common" good being expanded to "individual" good. Government has greatly expanded their action to include justification for individual good as they determine it to be. They are not justified to misuse this power just because there is a state of emergency. Individual civil liberties are only to be restricted to the extent and for the duration necessary for the common good in dire emergencies. Otherwise, respect of an individual's right - regardless whether right or wrong - to make decisions about themselves, their families, and their property should be paramount above that of any government bureaucrat. A state of emergency requiring some civil liberties to be suspended should not be taken to suspend any or all for which their is no true urgent common good to be served.
If people want to stay on their property and in their community during or after a natural disaster and they are not causing measurable harm to anyone else then the government has absolutely no business making them leave even if future harm may come to these persons. Justifications can always be fabricated by applying localized problems to broader areas, by claiming it is "unsafe" or "unhealthy", or by claiming individuals may interfere with government actions. The "public health emergency" is the tactic being used in this case. What exactly is that true health hazard and are all those government and private workers in the city not also exposed to it? Protecting us from ourselves is not the role of government.
In the case of New Orleans, people are painting a picture of "gloom and doom" for anyone staying behind. The government wants to force survivors to leave against their will for their individual good when they pose no threat to anyone else and are not interfering with any rescue or recovery operations. The government should, instead, respect these persons determination, resourcefulness, and decisions. They should work for them to help them in the manner they have chosen.
At the same time the city is threatening at gun point to force people out it is bringing in large numbers of people to work in the "unsafe" and "unhealthy" areas. The city will be swarming with all manner of government and private workers. The remaining resisdents will soon, if not already, be greatly outnumbered.
It is unfortunate the city was not as concerned, willing, or able to deal with maintaining order and subduing the thugs that roamed the city for a while as they now seem to be about forcing those good citizens who survived the storm in the shelter of their own homes to leave.
Legalities often replace commone sense these days and the law is used to justify whatever is desired despite original intentions of the people.
Ask yourselves if this is want you want from your city, county, state, or federal government. Would you rather they respect your choices with respect to your own well being? Would you rather they concentrate on helping you protect your property than make you leave it? Would you rather than not come to your home at gun point and make you leave as if you were a criminal? If these things don't concern you, then don't bother preparing for the next disaster by stocking emergency water, food, supplies, ammunition, etc. Instead, just proceed directly to your nearest "safe" government operated shelter and turn yourselves over to their fair wiser decisions.