The following paper analyzes the issue of mandatory evacuation during a natural disaster that often resisted by giving individuals who refuse to evacuate and thus become a threat to public health. It assesses the possible risks of the refusal to perform mandatory evacuation and presents evidence in support of the fact that an arrest may be an efficient method of affecting public awareness on the issue. Finally, the paper will discuss the legal and ethical foundation of a mandatory evacuation, Public officials' roles, enforcement of a removal and penalties for those who refuse to evacuate. Keywords: mandatory evacuation, natural disaster, public safety, arres Introduction For any evacuation to be successful, it takes the …show more content…
But there is diversity among states in terms of who may declare an emergency and who may order an evacuation. The Governor has the authority to order an evacuation in most situations, but other States sometimes have dual power, like other official officials can make the decision to evacuate. Some states like Louisiana grants power to the Governor to make the decision to leave or not. These States call on the national emergency teams like Fema.which sometimes can cause confusion or the lack of communication that happened in the response to Hurricane …show more content…
The moment of choosing a corresponding behavior becomes an opposition of the government’s responsibility to take care of all its citizens and the personal liability of these citizens for their lives (Zamore, 2009). Also, the decision of one particular individual not to obey the mandatory evacuation process may lead to the death of the professional rescuers that will one way or another try to save him or her. This perspective uncovers the threat of being arrested for refusing to evacuate as strong stimuli to avoid such needless deaths. Thus, police power being the dominant authority of the mandatory government evacuation means is to use arrest as the potential threat to control the individuals that refuse to fulfill their civil duty (Whitehead, 2000). Never the less, it is worth saying that In many cases, the arrest will result to be inefficient (e.g. cases when the transportation is impossible due to the medical condition of the patient). The latter is to be considered as an exception while other instances are considered as illegal acts undermining public health and safety. The comprehension of the fact that the legislative power protects a mandatory evacuation will inevitably affect the behavior of many individuals facing mandatory evacuation notice (Fairchild, Colgrove & Jones, 2006). In
When in a state of a natural disaster the victims affected often looked for federal government assistance. This belief of receiving assistance from the National government also applied to the local government and how the they began to rely on funding and assistance. The central failure between state and local governments was receiving a false sense of security, relying on Washington rather than preparing proper emergency responses themselves. Johnny B Bradeberry, secretary of Louisiana Deartment of Transportation, signed an agreement committing to “Mobilize transportation to support emergency evacuation for at risk-population” (NY Times pg 1). As a result of poor leadership, Bradberry admitted to investigators that he did not honor this agreement, costing the lives
When a disaster such as a hurricane takes place, the first responsibility is of the state’s governor to make a formal request for a state of disaster and receive the necessary assistance and aid to the affected area (The Disaster Hanbook- National Edition, 1998). The President of the United States of America must make a declaration of emergency and major disaster to initiate the effort to the Federal Emergency Management Agency (FEMA) (The Disaster Hanbook- National Edition, 1998). Once a disaster has been declared, the U.S president will send supplementary funds to the state and local efforts to aid the affected population (The Disaster Hanbook- National Edition, 1998). In order for funding to be dispersed to the area in need, the President of the United States must allow this action to take place.
Under the 1988 Stafford Act, the federal government guidance is to support the disasters only if they are of “such severity and magnitude beyond their state and the affected local government’s capabilities to support the disaster” (Edwards, 2014). The Governor may request to the president to declare an “emergency” or a “major disaster” if federal assistance is needed (Edwards, 2014). An “emergency” declaration usually considered when a hurricanes hit, whereas “major disaster” declarations is after disasters to render aid to state and local governments and individuals (Edwards, 2014). In the past, 86 percent of major disaster declarations requested by governors to the president have been approved (Edwards, 2014).
After the long and gruesome battles that Australians went through they were forced to evacuate. They evacuated due to the failure of offensives at Suvla in august 1915. The allied forces (Britain, Germany, Australia, New Zealand and France) didn't have many options to choose from to evacuate and they had to prepare themselves for winter which didn't make the evacuation any easier. The australian forces began moving from Anzac cove and Suvla bay in early December 1915. On December 19, the evacuation was completed, there were 26,000 casualties in total among the Anzac troops, which included 10,000 deaths. The evacuation was very successful due to the invention of the self firing rifle which made the evacuation possible without any casualties.
According to Shane and Lipton’s (2005) account, the evacuation orders that were exercised, were not complete or directive enough for the citizens. As a
The authors highlight that the synchronized efforts of various offices are needed to accomplish this, and they also address the impact that cultural differences may cause between public health and emergency management regarding the overall success of these organizations. This main purpose of this article is to examine how public health and emergency management vary in their approach to laws and policies, and how these differences can negatively affect their preparedness to respond to critical situations. This study was accomplished by conducting 144 interviews with public health and emergency management officials on both the state and local level between the time frame of April 2008 and November 2009. The researchers then used qualitative analysis to compare and contrast the characteristics of each organization and their approach to legitimate public health preparedness. The resulting data was found to show two conflicting approaches to public health law. The public health approach was distinguished by perceived unpredictability with respect to legal power over the methods of preparedness planning, presumption of guidance on interpreting public health laws, and the extension of anxiety regarding the placing of liability. The emergency management approach was characterized by the impression of wide legal authority, flexible connotation of public health law, and moral concerns pertaining to the violation of an individual’s freedom and confidentiality. Botoseneanu, Wu, Wasserman, and Jacobson concluded that “Distinct interpretations of preparedness law impede effective collaboration for PH preparedness. Clarification of legal authority mandates, designation within laws of scope of preparedness activities and guidance on interpretation of current federal and state laws are needed.” (2010, p. 361). These results are clearly
The state has the mandate of safeguarding citizens of hit places from suffering the disproportionate impact of natural disasters. The hurricane that hit Jacksonville town in Florida crippled the city’s infrastructure. The destroyed power and telephone lines stopped all the communication and transportation systems in the city. The copper wires were left hanging precariously along the charred roads. Looters took the opportunity to steal the expensive copper wires and motorists drove around carelessly as all the traffic lights had gone off. The local government experienced difficulties in trying to contain the situation. The task to locate, triage and secure citizens were nearly impossible as the whole town was in chaos. The local authorities could have coordinated with various Homeland security agencies to restore normalcy.
In making the decisions to protect people’s lives from hazards and disasters, evacuations sometimes become necessary. Of course early in the reaction to the incident, or the response phase, this may become a decision for local and state emergency managers. The San Diego, California wildfire which occurred in October 2007 caused a large scale evacuation. This essay is an analysis, and identification of lessons learned from the evacuation incident. As well a plan of personal recommendations and improvements will be made based on information covered in the National Housing strategy, and Robert Stafford Act.
In this kind of disaster, the government should react quickly and execute its plans quickly to ensure that it makes the right decision at the turning point. However, in this case, both the local government and the federal government were always one step behind the changing situation. The government’s failures in its crisis communication to the public were as follows:
“The Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Stafford Act) provides the legal authority for the federal government to provide assistance to states during declared major disasters and emergencies” (Association of State and Territorial Health Officials, 2013). Under this act, in order for an emergency to be declared, the governor of the state of the emergency in question must respond to the incident. After that if the governor cannot support the emergency, or it is out of the capability of the state, then the governor of that state must submit in writing a request to the President for support. The President of the United States can then declare an emergency due to a natural disaster and open up funds appropriated by congress through this Act.
This paper is intended to demonstrate how following certain principles of Public Administration could be of assistance to Emergency Management. Additionally, it will analyze the reasons of failed operations in Emergency Management.
In this module, I have learned thus far that it takes multiple units from Emergency Management divisions and also public service divisions to fully handle a disaster. In this writing assignment, I will be discussing about Journalism and how it is can effect the outcome of a major event, such as a disaster. Journalism in today's society is crucial for the public and also for the teams that are activated to handle such terrible events or disasters. It has come a long way today with the invention of I-phone's, internet, social media and also news media. Without media coverage and new advanced technology about hurricanes, disasters, or event events that may harm our nation would be indescribable to innocent people in our nation. Take September 11th 2001 for an example. The media coverage
Texas, for example, specifically provides that a county judge or mayor of a municipality who orders a mandatory evacuation “may compel persons who remain in the evacuated area to leave and authorize the use of reasonable force to remove persons from the area” (Tex. Government Code § 418.185).
Abstract Natural disasters lead to widespread suffering and destruction of property. This paper tries to examine how both the local and national government and other local emergency response organization responded to Hurricane Katrina. Hurricane Katrina forms one of the extraordinary acts of nature that caused human tragedy. The discussion is based on the movie “The Storm”. Several issues have been pointed out which might have contributed to the failure of various authorities to manage the disaster.
The purpose of this paper is to describe the legal considerations that an emergency manager must consider when conducting searches, seizures, and evacuation operations. The paper will address the following: