Do the civil servants who run New York State’s legal and public health bureaucracy know something the rest of us don’t? Just in time for the next popular end times date in 2012, the state has published a doomsday book of sorts. William Glaberson analyzes its contents for the New York Times:
Major disasters like terrorist attacks and mass epidemics raise confounding issues for rescuers, doctors and government officials. They also pose bewildering legal questions, including some that may be painful to consider, like how the courts would decide who gets life-saving medicine if there are more victims than supplies.
But courts, like fire departments and homicide detectives, exist in part for gruesome what-ifs. So this month, an official state legal manual was published in New York to serve as a guide for judges and lawyers who could face grim questions in another terrorist attack, a major radiological or chemical contamination or a widespread epidemic.
Quarantines. The closing of businesses. Mass evacuations. Warrantless searches of homes. The slaughter of infected animals and the seizing of property. When laws can be suspended and whether infectious people can be isolated against their will or subjected to mandatory treatment. It is all there, in dry legalese, in the manual, published by the state court system and the state bar association.
The most startling legal realities are handled with lawyerly understatement. It notes that the government has broad power to declare a state of emergency. “Once having done so,” it continues, “local authorities may establish curfews, quarantine wide areas, close businesses, restrict public assemblies and, under certain circumstances, suspend local ordinances.”
Ronald P. Younkins, the chief of operations for the state court system, said the book’s preparation was similar to other steps the New York courts had taken to plan for emergencies, including stockpiling respirators and latex gloves. Like such manuals in other states, Mr. Younkins said, it is intended to give judges and lawyers a place to turn in an emergency because the maze of state and federal laws — some decades or centuries old — can be difficult to decipher. For judges, the manual may well be their only refresher on the case of Mary Mallon, “Typhoid Mary,” who was isolated on an East River island from 1915 until her death in 1938.
“It is a very grim read,” Mr. Younkins said. “This is for potentially very grim situations in which difficult decisions have to be made.”
Published with the disarmingly bland title “New York State Public Health Legal Manual,” the doomsday book does not proclaim new law but, rather, describes existing law and gives lawyers and judges ways of analyzing any number of frightening situations.
The manual provides a catalog of potential terrorism nightmares, like smallpox, anthrax or botulism episodes…
[continues in the New York Times]
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