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Legal news from Sunday, August 28, 2005 |
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Mayor orders New Orleans evacuated ahead of hurricane hit
Bernard Hibbitts on August 28, 2005 1:52 PM ET

[JURIST] Mayor Ray Nagin ordered the entire US city of New Orleans (population 484,674) evacuated Sunday in advance of the anticipated Gulf Coast landfall Monday morning of Hurricane Katrina [Wikipedia backgrounder], currently described by the National Weather Service as a "potentially catastrophic" Category-5 storm packing winds of nearly 175 miles per hour [NWS advisory; NWS Saffir-Simpson Hurricane Scale backgrounder]. New Orleans has long been considered vulnerable to hurricanes [Weather Channel backgrounder] and major storms because it's an average of six feet below sea level, and could be almost completely flooded by a storm surge topping the levees that protect it. The Mayor's mandatory evacuation order, issued through the Civil District Court for the Parish of Orleans, declares: 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 Sheriff's 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. Read the full text of the order. The Mayor's Office has also posted a list of designated shelters, with the Louisiana Superdome [corporate website] having been designated a "shelter of last resort" for those who cannot leave. In 1998, Hurricane Georges [Wikipedia backgrounder] prompted a voluntary evacuation of an estimated 60 percent of the New Orleans population, the largest evacuation in US history to that the time according to the National Weather Service. A Category-2 storm with 110 mile-per-hour winds, Georges landed east of the city in Biloxi, Mississippi. Only three Category-5 hurricanes have ever hit the United States [NWS factsheet]: Hurricane Camille in 1969, Hurricane Andrew in 1992, and an unnamed hurricane that hit Florida in 1935. If Katrina maintains strength and pressure cited in weather reports Sunday afternoon, it could become the most powerful hurricane to hit the US in recorded history.
CBS WWLTV in New Orleans has more, and provides continuing coverage [including live video] of the latest evacuation and hurricane developments. The Louisiana Department of Homeland Security and Emergency Preparedness offers additional information on hurricane preparations. President Bush has urged residents to move to safe ground and has already declared a state of emergency for Louisiana [White House text]. AP has more.


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California AG seeks chemical warnings on fries, snack food
Kate Heneroty on August 28, 2005 9:56 AM ET

[JURIST] California Attorney General Bill Lockyer [official profile] is seeking a court order requiring warning labels on foods [AG's press release] that contains acrylamide [research materials], a chemical found in potato chips and french fries that the state believes may cause cancer. Lockyer filed a lawsuit [complaint text, PDF] in Los Angles Superior Court Friday against nine fast food companies and snack food makers, including Burger King, Cape Cod Potato Chips Co./Lance Inc., Frito-Lay, H.J. Heinz Co., KFC Corp., Kettle Foods, McDonalds, Procter & Gamble, and Wendy's, alleging that the companies violated Proposition 65 [legislation text, related resources], a 1986 state law requiring companies to provide notice before exposing the public to known carcinogens or reproductive toxins. In March, the FDA released a statement [FDA press release] that "acrylamide can cause cancer in laboratory animals at high doses, although it is not clear whether it causes cancer in humans at the much lower levels found in food." A spokesperson for Procter & Gamble said, "Acrylamide is available whether those foods are prepared in a restaurant, at home or by the packaged goods industry. We stand behind, and absolutely think, our products are as safe as ever." AP has more. The FDA has additional resources on acrylamide in food.


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No vote on revised Iraq constitution draft; Sunnis object, assembly adjourns
Bernard Hibbitts on August 28, 2005 8:50 AM ET

[JURIST] A revised draft of the Iraqi constitution [pre-revision draft in English; JURIST news archive] was presented and read out to Iraq's National Assembly Sunday, but continuing Sunni objections [AP report] to the charter's stance on federalism, de-Baathification and other sensitive issues precluded a vote on the document and the Assembly adjourned without formally approving it. The Assembly speaker, a Sunni, was not in the chair during the session; his Shiite deputy said he agreed with the changes but had "other appointments." The lack of Assembly approval and the disaffection of the Sunnis - the large minority group that dominated the regime of ousted Iraqi president Saddam Hussein and now drives much of the insurgency in the country - puts the proposed charter under a significant legal and political cloud. Iraqi officials insisted late last week in the midst of last-minute negotiations that Assembly ratification of the draft was not formally required [JURIST report] as long as the Assembly had received the written document under the terms of the country's Transitional Administrative Law [text], but most observers had assumed that an Assembly vote would be taken. The draft will now go before Iraqis for ratification or rejection in a national referendum to be held on or near October 15. Senior Sunnis have already vowed to campaign against approval of the US-backed instrument [Reuters report]. Shiite and Kurd members of the Iraqi constitutional drafting committee [official website, English version] gathered earlier to sign the draft constitution; top Sunni negotiators, however, refused to participate in the signing ceremony. Reuters has more on the Assembly meeting; AP reports on the adjournment. From Baghdad, the Iraq the Model weblog reports on the Assembly's constitutional proceedings Sunday as covered on Iraqi and Arab TV.
9:10 AM ET - AP is reporting that Sunni negotiators have appealed to the United Nations and the Arab League to intervene in the Iraqi constitutional process.
11:45 AM ET - Speaking on NBC's Meet the Press Sunday, US Ambassador to Iraq Zalmay Khalilzad said the Sunnis ...face difficult choices, a lot of pressure. But it is time for them, for the interests of their people, to join the political process. Not everyone loves every article of this document. Not everyone is totally satisfied. But there is enough in this constitution that meets the basic needs of all communities and for Iraq to move forward. But I do expect then that the terrorists and extremists will try their best to intimidate people, to prevent them-- those who support the constitution from voting and to encourage opposition to this draft. Read the full text of the Khalilzad interview.
1:18 PM ET - President Bush, speaking to reporters Sunday at his ranch in Crawford, Texas, said that the Sunnis were within their rights to disagree with provisions of the constitution, but praised the draft document as containing "far-reaching protections for fundamental human freedoms including religion, assembly, conscience and expression." He nonetheless warned of a likely increase in violence in the countdown to the constitutional referendum: "We can expect...atrocitices to increase in the coming months because the enemy knows that its greatest defeat lies in the expression of free people in freely enacted laws and at the ballot box." Last week the Pentagon announced it would send 1500 more elite troops to Iraq [Reuters report] to help with security in advance of the October poll, and another scheduled for December to elect members of a re-constituted National Assembly. Reuters has more.
2:25 PM ET - President Bush also said in his remarks:There have been disagreements amongst the Iraqis about this particular constitution. Of course there's disagreements. We're watching a political process unfold, a process that has encouraged debate and compromise; a constitution that was written in a -- in a society in which people recognize that -- that there had to be give and take.
I want our folks to remember our own constitution was not unanimously received. Some delegates at the Philadelphia Convention in 1787 refused to sign it, and the draft was vigorously debated in every state, and the outcome was not assured until all the votes were counted. A full transcript is now online from the White House.


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