Katrina - Why was mayor hesitant to evacuate?

Why was New Orleans mayor, Ray Nagin, hesitant to issue a mandatory evacuation of his city? Because he was unaware that he had the authority and he was afraid of being sued!!

Nagin said late Saturday that he's having his legal staff look into whether he can order a mandatory evacuation of the city, a step he's been hesitant to do because of potential liability on the part of the city for closing hotels and other businesses.

But according to the city's disaster plan the mayor already had the authority delegated to him by the governor.

III. EVACUATION ORDER

A. Authority

As established by the City of New Orleans Charter, the government has jurisdiction and responsibility in disaster response. City government shall coordinate its efforts through the Office of Emergency Preparedness

The authority to order the evacuation of residents threatened by an approaching hurricane is conferred to the Governor by Louisiana Statute. The Governor is granted the power to direct and compel the evacuation of all or part of the population from a stricken or threatened area within the State, if he deems this action necessary for the preservation of life or other disaster mitigation, response or recovery. The same power to order an evacuation conferred upon the Governor is also delegated to each political subdivision of the State by Executive Order. This authority empowers the chief elected official of New Orleans, the Mayor of New Orleans, to order the evacuation of the parish residents threatened by an approaching hurricane.

B. Issuance of Evacuation Orders

The person responsible for recognition of hurricane related preparation needs and for the issuance of an evacuation order is the Mayor of the City of New Orleans. Concerning preparation needs and the issuance of an evacuation order, The Office of Emergency Preparedness should keep the Mayor advised.

How many lives did that delay cost?
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