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Posted: 8/30/2005 5:59:19 PM EDT
While researching Martial Law for another topic I found this.

Quoting from::www.usconstitution.net



www.usconstitution.net/consttop_mlaw.html#examples


In 2005, in the wake of Hurricane Katrina, New Orleans was placed under martial law after widespread flooding rendered civil authority ineffective. (breaking story - details to come)


Looking for verification more info on the terms and limitations of the decleration.
Link Posted: 8/30/2005 6:23:58 PM EDT
[#1]
The  site for the New Orleans Mayors office has not been updated since Sunday afternoon.



CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

STATE OF LOUISIANA

CITY OF NEW ORLEANS

PROMULGATION OF EMERGENCY ORDERS

WHEREAS, the National Weather Service has indicated that Hurricane Katrina will likely affect the Louisiana coast with hurricane force winds and heavy rainfall by this evening;

WHEREAS, because of anticipated high lake and marsh tides due to the tidal surge, combined with the possibility of intense thunderstorms, hurricane force winds, and widespread severe flooding, Governor Kathleen Blanco and I, New Orleans Mayor C. Ray Nagin, have each declared a State of Emergency;

NOW, THEREFORE, I, as the Mayor of the City of New Orleans, pursuant to the authority granted by La. Rev. Stat. 29:727, do hereby promulgate and issue the following orders, which shall be effective immediately and which shall remain in effect until the earlier of five days following the date of this issuance or the declaration by the Governor that the State of Emergency no longer exists:

1.     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 Sheriffs 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.

2.     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.

The City Attorney is directed to file this declaration promptly in the office of the Clerk of Court and with the Secretary of State.







New updates are not available.


TV news report:
Governor and Mayor imediate and complete evacuation of New Orleans .


Link Posted: 8/30/2005 6:25:09 PM EDT
[#2]



Police officer shot by looter

Tuesday, 4:25 p.m.

WWL -TV was reporting that a law enforcement officer was shot in the back of the head Tuesday afternoon on the west bank. The officer reportedly approached the looter near the intersection of Wall Boulevard and Gen. DeGaulle and, while talking to suspect, was shot in the back of the head by a second looter.

Information was not available on the condition of the officer. It was unclear if the suspects had been apprehended.


Link Posted: 8/30/2005 6:30:15 PM EDT
[#3]




Martial law clarified

Tuesday, 9:02 p.m.

The state Attorney General's office on Tuesday sought to clarify reports in some media that "martial law' has been declared in parts of storm-ravaged southeast Louisiana, saying no such term exists in Louisiana law.

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.




If  Martial Law had been actually declared it would have been the first time since Andrew Jackson declared martial law in New Orleans since the Civil War.


Too bad..
Link Posted: 8/30/2005 6:31:06 PM EDT
[#4]
This is why when I get a job I plan on living well outside any city

If I must, I will rent a small apt inside. But not a permanent home.
Link Posted: 8/30/2005 6:32:11 PM EDT
[#5]

Quoted:



Police officer shot by looter

Tuesday, 4:25 p.m.

WWL -TV was reporting that a law enforcement officer was shot in the back of the head Tuesday afternoon on the west bank. The officer reportedly approached the looter near the intersection of Wall Boulevard and Gen. DeGaulle and, while talking to suspect, was shot in the back of the head by a second looter.

Information was not available on the condition of the officer. It was unclear if the suspects had been apprehended.






Thats why there should be no talking. You loot, we shoot, PERIOD!
Link Posted: 8/30/2005 6:34:42 PM EDT
[#6]

Quoted:

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.



Link Posted: 8/30/2005 6:35:38 PM EDT
[#7]

Quoted:

Quoted:
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.



I saw that too.

Link Posted: 8/30/2005 6:39:16 PM EDT
[#8]
One or two counties suspended weapons and ammo sales here last year. No martial law.
Link Posted: 8/30/2005 6:58:01 PM EDT
[#9]
Whats worse is that the Mayor and the Governor both declared taking private property for any reason for goverment use as need.. House, car, boats, ect. ect. ect,

If Martial Law is not declared. I call that looting.
Link Posted: 8/30/2005 7:00:43 PM EDT
[#10]
Link Posted: 8/30/2005 7:22:48 PM EDT
[#11]

Quoted:

essential personnel of the United States of America


My civil service employment jacket contains my designation as an essential personnel of the United States of America - now I know what it's good for. I get to bug in!



That's all well and good, provided that employment jacket can also be used as a flotation device.
Link Posted: 8/30/2005 10:26:51 PM EDT
[#12]

Quoted:

Quoted:

essential personnel of the United States of America


My civil service employment jacket contains my designation as an essential personnel of the United States of America - now I know what it's good for. I get to bug in!



That's all well and good, provided that employment jacket can also be used as a flotation device.



Or TP.
Link Posted: 8/31/2005 7:52:04 PM EDT
[#13]

Quoted:
One or two counties suspended weapons and ammo sales here last year. No martial law.



Huh? Please elaborate.

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