The state Attorney General's office on Tuesday sought to clarify reports in some media that "martial law' has been declared in parts of storm-ravaged southeast Louisiana, saying no such term exists in Louisiana law. But even though no martial law exists, Gov. Kathleen Blanco's declaration of a state of emergency gives authorities widespread latitude to suspend civil liberties as they try to restore order and bring victims to safety. Under the Louisiana Homeland Security and Emergency Assistance and Disaster Act of 1993, the governor and, in some cases, chief parish officials, have the right to commandeer or utilize any private property if necessary to cope with the emergency.
Authorities may also suspend any statute related to the conduct of official business, or any rule issued by a state agency, if complying would "prevent, hinder or delay necessary action'' to mitigate the emergency. It also gives authority the right to compel evacuations, suspend alcohol and weapons sales and make provisions for the availability and use of temporary emergency housing. The law gives mayors similar authority, except they do not have the right to commandeer private property or make provisions for emergency housing, according to a background brief prepared by the state Attorney General's office. |