[ RadSafe ] NYC Proposal to Permit Radiation Detectors
sjd at swcp.com
Tue Jan 8 18:54:51 CST 2008
Governments don't have to explain anything. They just go ahead
and do it.
At 09:48 AM 1/8/08 -0800, Brennan, Mike (DOH) wrote:
>I would like to see the NYC explain in court the basis for declaring
>unlawful the possession of a legally obtained devise that has less
>potential to be used in a crime or cause unintended damage than does a
>rock massing the same.
>From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On
>Behalf Of Steven Dapra
>Sent: Monday, January 07, 2008 6:34 PM
>To: radsafe at radlab.nl
>Subject: Re: [ RadSafe ] NYC Proposal to Permit Radiation Detectors
> New York City went over the edge a long time ago.
> To answer your question, the germane section of the proposed
>ordinance is 10-802. The germane portion reads:
>"10-802 Permits for possession or deployment of biological, chemical and
>"a. It shall be unlawful for any person to possess or deploy a
>biological, chemical or radiological detector in the city of New York
>unless such person holds a valid permit therefor, provided that the
>commissioner in his or her discretion may exclude by rule any class or
>type of biological, chemical or radiological detector that shall not
>require such permit because requiring a permit therefor would not
>further the purposes of this chapter.
>"b. This section shall not apply to biological, chemical and
>"(1) possessed or deployed by the department of health and mental
>hygiene, the fire department, or any other city agency authorized by the
>commissioner to possess or deploy a biological, chemical or radiological
>detector without a permit; . . . . "
> Presumably what happened is that the author(s) of the proposed
>ordinance either forgot about (or didn't know about) the NY State Lab
>and the Federal agencies. The proposed ordinance need only be
>re-written so that the section "shall not apply" to detectors 'possessed
>or deployed by any municipal, county, state, or federal government
>agency in the United States.' Governments typically make themselves
>exempt from their own laws. The author(s) of the proposed ordinance
>somehow managed to forget about all the other government agencies that
>might find it necessary to deploy detectors within the city limits of
>New York City.
> NYC could provide some comic relief by passing the ordinance as
>written, and then having NYPD arrest NY State Lab employees, and Federal
>employees who brought un-permitted detectors into NYC. Or, NYC could
>require all other government agencies to obtain permits for the
>detectors they wish to bring into the city. I doubt that the either of
>these will happen. The other government agencies will, of course,
>receive blanket exemptions via a re-write of the proposed ordinance.
>At 03:20 PM 1/7/08 -0500, Edmond Baratta wrote:
> >It appears that the City of New york has gone over the 'edge'. Many
> >Federal agencies use 'radiation detectors' in their inspections and
> >surveillance at the borders, ports and airports. The NY State Lab has
> >portable radiaiton surveillance detectors. Does this mean they can't
> >take them into the City? Is this going to be a means of eventually
> >obtaining more 'funds' when they decide to charge Fees?
> >Ed Baratta
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