Police can use force to compel hurricane evacuation (Texas)

[Hazcat]

By Denise Malan (Contact)
Sunday, July 26, 2009

A new state law will allow police to arrest people who don’t leave town under mandatory evacuation orders.

As it stands, officials cannot compel people to evacuate, only warn that those who stay behind won’t have any emergency services at their disposal. The new law gives county judges and mayors the power to authorize use of “reasonable force” to remove people from the area.

The law, passed this year, takes effect Sept. 1, in the heart of hurricane season in Texas. It also applies to other disasters, such as fires or floods.

Don’t expect police to go door to door arresting people or forcing them from their homes if a hurricane is headed toward Corpus Christi.

“If the hurricane is arriving here, we’re going to be doing the best we can to hunker things down, to make sure we have as many special-needs patients evacuated, to prevent crime and looting,” Corpus Christi Police Cmdr. Mark Schauer said. “We’re going to have a hard enough time preventing crime, let alone arresting people who don’t leave.”

County Judge Loyd Neal agreed that arrests for ignoring orders are unlikely.

“I don’t have a jail big enough to put 20,000 people in,” Neal said. “You have to hope people will use good sense. The majority of people usually do.”

Schauer sees the law more as a tool to compel people to leave, or to be used in special situations. For example, officials could issue a mandatory evacuation for the beaches, giving police the authority to arrest people who go storm-watching and put themselves in danger.

A man died after being swept off a Packery Channel jetty last summer as he watched swells caused by Hurricane Ike as it headed toward Galveston.

The law also makes people who must be rescued after ignoring mandatory evacuation orders civilly liable for the costs of the rescue.

A mandatory evacuation order often is a course of last resort, for a variety of economic and logistical reasons. Hospitals and nursing homes must move patients, and businesses must let workers leave town.

The evacuation provision is part of a larger bill overhauling the emergency response code after Hurricane Ike. The bill also directs the Governor’s Division of Emergency Management to develop a plan for providing services and supplies during the first five days after a disaster.

http://www.caller.com/news/2009/jul/26/police-can-use-force-compel-hurricane-evacuation/

Comments at link

[long762range]

It is the law here now, but it is unlikely to happen.  There are too few cops to enforce such an order and no place to put the people they arrest.

[Hazcat]

It is the law here now, but it is unlikely to happen.  There are too few cops to enforce such an order and no place to put the people they arrest.

"Unlikely" doesn't cut it in my book.  This is bad law.

[fightingquaker13]

"Unlikely" doesn't cut it in my book.  This is bad law.

Haz, I'm halfway with you. As an an American, being a dumbass is a god given right and someone's got to win the Darwin award. On the other hand, as a fellow Floridian, you and I both know that rescuers will go try to save these silly sobs,even if they have been warned.They shouldn't, but they will, because thats their nature. I'm kind of torn on this one
FQ13

[long762range]

"Unlikely" doesn't cut it in my book.  This is bad law.

I agree.  The idea behind the law was to prevent a New Orleans like situation from happpening here.  The difference is that our leaders dont cut and run when there is trouble.  
One of the lasting images I have of the NO flood is the 1000 school buses drown in the bus yard.  All they had to do was allow the drivers to get their bus then drive around their neighborhoods picking up people who wanted to leave.  Instead the mayor and the other leaders left town when problems began and let the buses and their people drown.  

[Sponsor]

[Hazcat]

FQ,

Write a law that says if ya stay and need rescue you have to pay.

If they try to force me off my property there will be hell to pay!

[ericire12]

"Do as we say or we will make you" is never a good precedent

[fightingquaker13]

FQ,

Write a law that says if ya stay and need rescue you have to pay.

If they try to force me off my property there will be hell to pay!

The charge you with rescue blues! A great song and a good policy. If our pols have the balls to implement it, I'm on board. Problem solved.
FQ13
PS, a little Ryan Adams

 
http://www.youtube.com/watch?v=A-p73I585as

[WatchManUSA]

FQ,

Write a law that says if ya stay and need rescue you have to pay.

If they try to force me off my property there will be hell to pay!

I'm with you, Haz, this is bad law.  Good intention but you know what they say about good intentions and the road to hell.  

[JC5123]

I agree with charging people for their rescues. Especially if there is mandatory evacuation. But to make it a crime to stay in your own home sets a VERY dangerous precedent. It's just like the first stimulus passed by Bush. Once you start down that kind of road, where can you draw the line?

But if people know that THEY themselves will be financially responsible for their actions. MOST tend to err on the side of caution.