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ovidsen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 04:18 AM
Original message
Kissing the Bill of Rights goodbye?
A relative sent me a "news" item which claims that a bill pending in the Massachusetts state legislature would give the police and courts sweeping new powers in the event of a pandemic of swine flu (or Lyme disease or AIDS or the common cold, for all I know). The article says it would require the owner or occupier of property to permit authorities to enter and search any premises without a warrant if the object of the search was to protect public health.

It would also allow state and local governments to restrict or prohibit public gatherings of any kind (again, in the name of public health).

It goes on from there. My problem isn't just that this bill (if it exists) would seem to be transparently unconstitutional. It's that the "news" outlet reporting it is World Net Daily, the right wing web site that is STILL insisting that Barak Obama was REALLY born in Africa, and therefore can't be president of the US.

My BS detection meters are jumping. Does this story do the same for yours?

http://www.wnd.com/index.php?fa=PAGE.view&pageId=108604

It gets better. I accessed various search engines to see if there were similar stories from, shall we say, more reputable outlets. Google found a TOTAL of just nine stories, all from wingnut sites. Bing had two. Yahoo had NONE.

Now my BS detection meters are making terrible noises as the needles hit the posts.

What I'd like to know is.... is there any truth AT ALL to this "news" item? Or did somebody just make it up?

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Adsos Letter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 04:42 AM
Response to Original message
1. I don't know about the veracity of the story; the source you cite makes it questionable
Edited on Thu Sep-03-09 04:43 AM by Adsos Letter
However: "It would also allow state and local governments to restrict or prohibit public gatherings of any kind"

In the case of an actual deadly pandemic like, say, the Influenza Epidemic of 1918-1920, prohibitions on public gatherings would seem to make common sense. I assume anything like that would only be done at the behest of the CDC.
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Dennis Donovan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 04:54 AM
Response to Original message
2. WorldNutDaily?
:thumbsdown:
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ovidsen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 05:00 AM
Response to Reply #2
3. It has a measurable entertainment value
Kind of like Fox News.

Somebody I know (don't know who) gave WND my email address, and many of their "news" items are so hilarious, I'm glad they did.

But when it gets obsessed, like with where Obama was born, it can get rreeeeallllyyyy tteeeeeddddiiioouuuusssssss.
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JTFrog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 05:13 AM
Response to Reply #3
4. Yet you have to ask if there is any truth to it?
:eyes:
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ovidsen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 01:09 PM
Response to Reply #4
12. Well, yes.
In almost every lie, there's a bit of truth in its foundation.

I certainly don't trust wnd. But it never hurts to ask. As my Mom has always said, "There is no such thing as a stupid question. There are only stupid answers".
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dgibby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 07:42 AM
Response to Original message
5. Here ya go:
Edited on Thu Sep-03-09 08:05 AM by dgibby
Everything you ever wanted to know about flu pandemics but were afraid to ask:

http://www.pandemicflu.gov/

This is from CDC.

IIRC, the govt. does have the power to restrict or prohibit public gatherings. Example: Closing schools.
http://www.nvic.org/vaccines-and-diseases/h1n1-swine-flu.aspx
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specialed Donating Member (276 posts) Send PM | Profile | Ignore Thu Sep-03-09 07:51 AM
Response to Original message
6. World Net Daily is a right wing
spin machine with the cycle set on stupid/crazy.
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kickysnana Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 08:44 AM
Response to Original message
7. MA did make all citizens not on Medicaid get private health insurance.
Makes it easier to believe since I never thought I would see mandatory health insurance. At least with car insurance you can choose not to drive. The only way out of MA law is to move or commit suicide.
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rox63 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 01:35 PM
Response to Reply #7
16. If folks without health insurance get sick, the state (aka taxpayers) usually ends up paying for it
There is a third option - pay the fine for not having insurance.

The MA system is far from perfect. But a lot more people have health coverage because of it. I would much prefer single-payer. But this is a start.
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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 09:34 AM
Response to Original message
8. An Act Relative to Pandemic and Disaster Preparation and Response in the Commonwealth.
Edited on Thu Sep-03-09 09:36 AM by -..__...
Note... I didn't post the entire bill as it's rather lengthy.

I'm also not a lawyer, so if anyone with more legal experience or understanding of legal jargon can decipher this, please do...






Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 17 of the General Laws is hereby amended by striking out section 2A, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-

Section 2A. (a) Upon declaration by the governor that an emergency exists which is detrimental to the public health or upon declaration of a state of emergency under chapter 639 of the acts of 1950, as amended, the commissioner may, during such period of emergency, take such action and incur such liabilities as he or she may consider necessary to assure the maintenance of public health and the prevention of disease. The commissioner may establish procedures to be followed during such emergency to ensure the continuation of essential public health services and the enforcement of the same.

In circumstances where the governor declares that the emergency detrimental to public health is limited to a specified local area, the appropriate local public health authority, as defined in section 1 of chapter 111, may, with the approval of the commissioner, during such period of emergency, take such action and incur such liabilities as it may deem necessary to assure the maintenance of public health and the prevention of disease...

Snip 8<-----------


(1) to require the owner or occupier of premises to permit entry into and investigation of the premises;

(2) to close, direct, and compel the evacuation of, or to decontaminate or cause to be decontaminated any building or facility, and to allow the reopening of the building or facility when the danger has ended;

(3) to decontaminate or cause to be decontaminated, or to destroy any material;

(4) to restrict or prohibit assemblages of persons;

(5) to require a health care facility to provide services or the use of its facility, or to transfer the management and supervision of the health care facility to the department or to a local public health authority;

(6) to control ingress to and egress from any stricken or threatened public area, and the movement of persons and materials within the area;...


Complete bill...

http://www.mass.gov/legis/bills/senate/186/st00/st00018.htm
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ovidsen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 01:06 PM
Response to Reply #8
11. It dosn't sound quite so menacing in legalese.
Thanks for the clarification.
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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 09:43 AM
Response to Original message
9. hey you
:hi:
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ovidsen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 01:05 PM
Response to Reply #9
10. Hey backatcha!

:D
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nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 01:09 PM
Response to Original message
13. We are STILL in a NATIONAL HEALTH EMERGENCY
ir was declared by the feds a week after the H1N1 started to spread.

The last time one of these was declared was back in the 1950s.

The powers that the Feds, and by extension state and local authorities, have under such an emergency are sweeping.

Good news, this only lasts as long as this flue season.

I expect them to cancel it after that.

The bad news, people don't remember we have been there, done that in the past. Read on the kinds of actions taken during the 1918 epidemic for example, or during the 1950s by local authorities to prevent the spread of Polio.
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surrealAmerican Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 01:24 PM
Response to Original message
14. These are reasonable and temporary measures to prevent ...
... the spread of potentially fatal diseases. Once the epidemic is over, they go away.
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madmom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-03-09 01:31 PM
Response to Original message
15. Didn't we already kiss it good-bye with the patriot act?
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