[ RadSafe ] NYC Proposal to Permit Radiation Detectors

[John R Johnson]

Steven

They have to explain at the next election.

John

----- Original Message ----- 
From: "Steven Dapra" <sjd at swcp.com>
To: "Brennan, Mike (DOH)" <Mike.Brennan at DOH.WA.GOV>; <radsafe at radlab.nl>
Sent: Tuesday, January 08, 2008 4:54 PM
Subject: RE: [ RadSafe ] NYC Proposal to Permit Radiation Detectors


> Jan. 8
>
>         Governments don't have to explain anything.  They just go ahead 
> and do it.
>
> Steven Dapra
>
>
> 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.
>>
>>
>>-----Original Message-----
>>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
>>
>>Jan. 7
>>
>>          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
>>radiological detectors.
>>
>>"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
>>radiological
>>detectors:
>>
>>"(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.
>>
>>Steven Dapra
>>
>>
>>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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