Thursday, January 10, 2013

What Does State of Emergency mean?

What exactly is a "state of emergency"?

According to Association of State and Territorial Health Officials (ASTHO), state declarations "may also identify state rules and regulations that are waived or suspended during the emergency...  They can include:
  • Activation of statutory immunities and liability protections for those involved in response activities.
  • Suspension and waiver of rules and regulations (and statutes, if allowed).
  • Streamlining of state administrative procedures such as procurement requirements." 
Here is an 87 page guide to declared public health emergencies in NY State.  Each state is a little different regarding its legal framework for such emergencies, and municipalities are different as well.  But they are more similar than different.  Page 50 says the following: 
Executive Law §§ 29-a(1) [“Subject to the state constitution, the federal constitution and federal statutes and regulations . . . the governor may by executive order temporarily suspend specific provisions of any statute, local law, ordinance, or orders, rules or regulations, or parts thereof, of any agency during a state disaster  emergency.”]
ASTHO also tells us the following about the federal response:
Federal law imbues designated federal officials with broad powers that allow them to respond to and assist states and localities in responding to emergencies even without a federal emergency declaration ...
Federal emergency declarations activate legal and programmatic responses from federal agencies including: 
  • Activating federal assistance to states in the form of financial, personnel, services, logistical, and technical assistance.
  • Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the Public Readiness and Emergency Preparedness Act (PREP Act) [which waives liability for manufacturers whose products are used under PREPA, even if they do not work and cause considerable injuries.  Swine flu vaccine was given under PREPA, so US children who developed narcolepsy could not sue the manufacturer.  Anthrax vaccine is given to civilians under PREPA as well.--Nass]
  • Easing regulatory requirements on individuals, organizations, and state and local governments.
Declared public health emergencies provide a potential back door to suspension of democracy.  By declaring frequent, bogus states of emergency for swine flu, flu and the next not-so-dread disease, Americans may be lulled into ignoring the suspensions of the rule of law that may accompany the declarations.  

It's the Patriot Act all over again.  The Patriot Act was enabled by the fog of war.  

Now it's the smog of pestilence that enables the killing of democratic traditions.  In the shadows, the republic is being killed by a thousand cuts.  This is how Hitler did it, too.

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