Authority by State

I was doing a bit of searching for just which states have laws that authorize some level of their government to order mandatory evacuations. Texas, where I live, specifically denies that authority while Colorado's state attorney general has given his opinion that any level of government has that authority.

Digging into each state's laws is more than I want to do, but I did find some references for anyone who wants to look into their own state's position on emergency response.

A Guide to Directors of Homeland Security, Emergency Management, and Military Departments in the States and Territories of the United States identifies the state agency, the director, and has links for each state agency for all 50 states and 4 other US entities.

Disaster Evacuation and Displacement Policy is a summary report prepared for Congress that addresses some of the policy issues associated with disaster response at a Federal level.

This second report is noteworthy in another aspect. The opening paragraph begins:

Using the authority set out in state laws and local ordinances, state and local officials may suggest or require the evacuation of residents and communities before certain catastrophes occur.

It seems to me that the authors of the report clearly consider any authority for evacuation to be a power of the states rather than the federal government. When we argue about what the federal government did or did not do in any emergency situation, this is an important point.

The report goes on to say:

To a limited extent, federal statues authorize agency heads to use federal resources to assist in the evacuation of civilians.

This certainly makes sense. Since the power to mandate an evacuation, when it exists, exists at the state or local level then federal agencies can never be more than assistance.

Important concepts, my friends, very important concepts.

By Whose Authority?

We are back in the disaster season. California wildfires are again threatening residential areas, and tornadoes are showing up in the weather forecasts for the central and some eastern states. Flash floods are regular threats along some roadways. I see in today's news that "authorities have ordered mandatory evacuations" in some fire threatened areas.

This idea of "authorities ordered" is one I found troubling. In a nation built on the principals of personal freedom, personal sovereignty, it seems that we should be extremely reluctant to accept any authority by any government agency ever having the power to mandate. Simply put, authority held by government is freedom taken from the individual.

Now in Texas, we still have a fairly clear idea of what authority our elected officials have in regard to mandatory evacuations. It is stated in "Texas Homeland Security Strategic Plan, Part III State of Texas Emergency Management Plan" Section A Situation, Item 11 (page 5) which states:

Elected official in Texas do not have the authority to issue mandatory evacuation orders. However, the Governor, mayors, and county judges may recommend evacuation of the population and control ingress and egress to and from a disaster area.

Reading through the entire plan, the logic used is consistent. Authority and responsibility rests first with the individual. This responsibility includes when to act, how to act, planning and preparation for action, and mutual assistance between neighbors and any outside organization. This planning and preparation, and the mutual assistance between neighbors and outside organizations, moves up as the scope of a disaster expands. This is why Texas Governor Perry offered assistance from Texas to Louisiana, and is prepared to offer or request assistance from all neighboring states.

So, at least in Texas, the individual is the final authority on whether to evacuate.

Interestingly, and of great importance, is the role of the federal government. Just as the individual Texan does not surrender his authority to local, county, or state government, Texas does not surrender its authority to the federal government.

Something to keep in mind as we enter another season of natural disaster threats.