Open only in Case of an Apocolyptic, World-Ending Emergency

N.J. car accident lawyers

Are you prepared for disaster?

A Legal Manual for Disaster

“Recent outbreaks of potentially deadly communicable diseases, as well as a growing awareness of society’s vulnerability to deliberate threats to public health, have required that greater attention be paid to the legal issues governing the handling of public health disaster emergencies. This Legal Manual is an effort to assist judges, lawyers, and public health officials and practitioners in sorting through the myriad statutes and rules governing public health, and in applying the overriding constitutional principles that balance individual rights with societal health requirements.”

The Manual addresses the laws governing control of the spread of communicable diseases, and the laws governing abatement of nuisances, such as radiological and chemical contamination, that may cause public
health emergencies.

A Legal Guide you won’t find on AVVO

You’ve got to read this NY Public Health Legal Guide. It contains references to the Constitutional right of due process. privacy, and a summary of the legal basis for  public health officials to violate those rights:

“The power of government officers to search and seize private property
in the course of administrative regulation is subject to considerable
constitutional restraints to ensure that the government action is
taken for proper purposes and respects the property rights of the
affected persons. These restraints are lessened when addressing public
health concerns, and are essentially set aside when exigent circumstances
require immediate action to protect the public health.
Local health officers may take any reasonable actions where health
conditions require that immediate action be taken; violations of individual
property rights, if actionable, would generally be sorted out
after the need for such actions has ended”

The Guide  includes sections about quarantine, isolation, and what to do in case of an attack.   It is an amazing example of an ounce of prevention is worth…Or is it?

Here is a link to a FREE Download of the Guide. It is worth checking out.

N.J. car accident lawyer

Ssssh....I'm thinking

Commentary

There was an article in the New York Times alerting me to this Guide. Is it o.k. to restrict the constitutional rights of people in an emergency? How serious does the “emergency” have to be? Who is the judge? The legal system, the executive branch, or Congress?  These challenges are particularly relevant considering  our war against terrorism, our belated, non-response to  Katrina, and the BP oil spill in the Gulf of Mexico.

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information and beating NYC parking tickets for the driving community

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