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A NY city councilman doesn't want you to have that Geiger counter without their permission
village voice ^ | 01-15-08 | by Chris Thompson

Posted on 01/23/2008 12:55:36 AM PST by chronic cough 420

Damn you, Osama bin Laden! Here's another rotten thing you've done to us: After 9/11, untold thousands of New Yorkers bought machines that detect traces of biological, chemical, and radiological weapons. But a lot of these machines didn't work right, and when they registered false alarms, the police had to spend millions of dollars chasing bad leads and throwing the public into a state of raw panic.

OK, none of that has actually happened. But Richard Falkenrath, the NYPD's deputy commissioner for counterterrorism, knows that it's just a matter of time. That's why he and Mayor Michael Bloomberg have asked the City Council to pass a law requiring anyone who wants to own such detectors to get a permit from the police first. And it's not just devices to detect weaponized anthrax that they want the power to control, but those that detect everything from industrial pollutants to asbestos in shoddy apartments. Want to test for pollution in low-income neighborhoods with high rates of childhood asthma? Gotta ask the cops for permission. Why? So you "will not lead to excessive false alarms and unwarranted anxiety," the first draft of the law states.

Last week, Falkenrath made his case for the new law before the City Council's Public Safety Committee, where Councilman Peter Vallone introduced the bill and chaired the hearing. Dozens of university researchers, public-health professionals, and environmental lawyers sat in the crowd, horrified by the prospect that if this law passes, their work detecting and warning the public about airborne pollutants will become next to impossible. But Falkenrath pressed on, saying that unless the police can determine who gets to look for nasty stuff floating in the air, the city would be paralyzed by fear.

"There are currently no guidelines regulating the private acquisition of biological, chemical, and radiological detectors," warned Falkenrath, adding that this law was suggested by officials within the Department of Homeland Security. "There are no consistent standards for the type of detectors used, no requirement that they be reported to the police department—or anyone else, for that matter—and no mechanism for coordinating these devices. . . . Our mutual goal is to prevent false alarms . . . by making sure we know where these detectors are located, and that they conform to standards of quality and reliability."

Vallone nodded his head, duly moved by Falkenrath's presentation. Nevertheless, he had a few concerns. When the Environmental Protection Agency promised that the air surrounding Ground Zero was safe, Vallone said, independent testers proved that such assurances were utterly false. Would these groups really have to get a permit before they started working? "It's a good question, and it has come up prior to this hearing," Falkenrath replied. "What I can assure you is that we will look extremely carefully at this issue of the independent groups, and get the opinion of the other city agencies on how to handle that, and craft an appropriate response." And if people use these detectors without a permit, Vallone asked, do we really have to put them in jail? Afraid so, Falkenrath answered.

Councilman John Liu was considerably less impressed. Why, he asked, should a community group like Asthma-Free School Zones have to tell anyone, much less the police department, that they're testing for air pollution? "We have no interest in regulating air-quality sensors around schools," Falkenrath promised. "That's not what this is about."

"But then can't we just get that in the legislation from the outset, as opposed to putting it in the regulations afterwards?" asked Liu.

That, said Falkenrath, was asking too much. "It becomes a very slippery slope, and it would then be possible for many other entities to sort of drive things through that loophole."

And Liu was just the start of the critics' parade. Manhattan Borough President Scott Stringer said the bill aims to fix a problem that doesn't even exist. "I cannot think of evidence or events in our recent past involving false alarms that would create any urgency for this sweeping legislation," he said. "If Manhattanites have any anxiety related to this bill, it is the very marked anxiety that residents have about their air quality."

Dave Newman, an industrial hygienist for the New York Committee for Occupational Safety and Health, claimed that under this law, the West Virginia air-quality experts who tested the air after 9/11 would have been a bunch of criminals. Dave Kotelchuck, deputy director of the New York/New Jersey Education and Research Center, pointed out the absurdity of having police regulate and permit research science. "Think about industrial-hygiene folks who are going from Boston to Atlanta to measure, and have atmospheric detectors," he said. "They land in LaGuardia and JFK. As soon as they land, because possession is a misdemeanor, they've committed a misdemeanor. They're not going to test in New York City; they're just travelling through. But possession, which is the way the law has stated it, alone is a misdemeanor—not use. Not attempting to make measurements—just possession. That is just unwarranted."

After an hour of this, poor Peter Vallone looked shell-shocked. He had planned to fast-track this legislation—in fact, the law was supposed to have been voted on last week—but that was before the critics had heard about it. As the opposition mounted, Vallone pulled the proposed legislation just before the meeting's end and agreed to give it a second look. "When I was first given a briefing only weeks ago, the potential problems did occur to me," he said in a later interview. "But the extent of the opposition, on such short notice, was a bit surprising."

But don't think Vallone has given up or anything. He and his colleagues will try to accommodate all the concerns when they redraft the bill, he said, but one way or another, the cops are going to have this new power. "No one's going to be completely happy in the end," Vallone said, "but I think the police department gave some very impressive testimony on the stand, and also expressed a willingness to listen to concerns." After all, if you let research scientists and community groups do their jobs, the terrorists will have already won.


TOPICS: Anthrax Scare; Constitution/Conservatism; US: New York; War on Terror
KEYWORDS: chronic
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1 posted on 01/23/2008 12:55:38 AM PST by chronic cough 420
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To: chronic cough 420

good lord.


2 posted on 01/23/2008 1:02:16 AM PST by kms61
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To: chronic cough 420

Bloomberg and his band of merry idiots are morons. Of course morons put them in office.


3 posted on 01/23/2008 1:05:19 AM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: spunkets

>>Bloomberg and his band of merry idiots are morons. Of course morons put them in office.<<

Bearing in mind this is the Village Voice and they probably don’t like Bloomberg - this does sound right up his ally.


4 posted on 01/23/2008 1:08:17 AM PST by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: kms61

Nothing is more feared and hated in NYC than freedom!


5 posted on 01/23/2008 1:08:40 AM PST by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: chronic cough 420

Easy solution.

Have the same standards as with home burglar alarms.

If the alarm sounds, and it is false, the owner of the alarm must pay a few to cover the costs of the police/fire/EMS response.


6 posted on 01/23/2008 1:12:26 AM PST by trumandogz (Whichever Way the Wind Blows Willard 2008)
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To: chronic cough 420
All levels of government are "protecting" us right out of our freedom. We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense...
7 posted on 01/23/2008 1:32:49 AM PST by Picklezz (Congressman HUNTER, many of us were counting on you being our President and saving America.)
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To: chronic cough 420

City governments should not have the power to do these things.

It is fundamentally wrong bordering on totalitarianism.


8 posted on 01/23/2008 1:43:17 AM PST by DB
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Anyone who proposes a lousy tax or lousy law needs to be dragged out and be severely bullwhipped... Court overturns your dumb law? Bullwhipped! Voters don't go for your big tax increase? Bullwhipped! Trying to grab the guns of law-abiding citizens? Bullwhipped! Public outcry squelches your proposed new law that's before the City Council? Bullwhipped!

This ought to cut down drastically on the number of harebrained ideas that are floated before lawmakers, and definitely cut down on the number that are passed into law.

Decent, sensible people spend far too much time and effort undoing the damage done by these idiots. Must be millions of laws on the books, many of them dumb ones like the one proposed by this Falkenrath character that only serve to limit our freedoms.

Don't like my idea? So bullwhip me. I'd risk it for a chance to get my law on the books. Actually, you couldn't since my law wouldn't be on the books yet, hahahaha!

9 posted on 01/23/2008 1:55:56 AM PST by LibWhacker (Democrats are phony Americans)
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To: DB

bordering?


10 posted on 01/23/2008 1:58:22 AM PST by Tree of Liberty (Islam delenda est)
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To: LibWhacker
And they are elected and paid to pursue such non-essential situations instead of cutting waste, fraud, taxes, reducing crime, etc.

One forbid doing anything else than to bow to the Monster Nanny State.

Ever notice in any public appearance, only the GOP'ers are asked any question that hints at the interpretation of / factual words of the US Constitution?

11 posted on 01/23/2008 2:39:14 AM PST by RSmithOpt (Liberalism: Highway to Hell)
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To: chronic cough 420; Eric Blair 2084
"There are currently no guidelines regulating the private acquisition of...

As it should be in America

 

And if people use these detectors without a permit, Vallone asked, do we really have to put them in jail? Afraid so, Falkenrath answered.

"You can't rule honest men. Where's the profit for anyone in that? The only power Government has is to crack down on criminals. So when we runs out of real criminals, we create them. We're after power Mr. Reardon and we mean to have it. Once you understand that, you'll be much easier to deal with." Ayn Rand-Atlas Shrugged.

 

"When I was first given a briefing only weeks ago, the potential problems did occur to me," he said in a later interview. "But the extent of the opposition, on such short notice, was a bit surprising."

 So Mr. Vallone you knew it was a bad law , and you still want to pass it  ?   lets just  sneak it quickly through

  but one way or another, the cops are going to have this new power..."but I think the police department gave some very impressive testimony on the stand, and also expressed a willingness to listen to concerns."

Don't Taze me Bro 

 

12 posted on 01/23/2008 2:45:14 AM PST by grjr21
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To: LibWhacker
The Decemvirs had neglected to import the sanction of Zaleucus, which so long maintained the integrity of his republic. A Locrain, who proposed any new law, stood forth in the assembly of the people with a cord around his neck, and if the law was rejected, the innovator was instantly strangled. -- Gibbon, The Decline and Fall of the Roman Empire
13 posted on 01/23/2008 2:50:08 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: chronic cough 420
Once again, don't rely on yourself, don't protect your family......thats what government is here for, we will protect you

I'm being sarcastic, but all too many people I meet on a daily basis are repeating all of this or part of it like a child in need. We are in a sad state.

14 posted on 01/23/2008 2:53:00 AM PST by Kakaze (Exterminate Islamofacism and apologize for nothing.....except not doing it sooner!)
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To: chronic cough 420

I have used such devices many times in the course of a former career. They do require a little training to calibrate (the most important) and operate. So, if a citizen does get a reading, why don’t they just call the local EMA, who is already funded and trained, to verify. There is no need for LEOs to panic or even interpret.

Funny, I used to live in DC and in the basement was a CD shelter from the early 60s with just such a device. I still have it. Labeled Family Radiation Kit and they wanted you to have it then. Sigh.


15 posted on 01/23/2008 3:56:46 AM PST by doodad
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To: doodad
Ok, so detectors are prohibited without license... Hmmm Smoke Detectors, Carbon Monoxide Detectors, Oxygen Sensors, hey, why stop there - put a policeman in every home - kind of our miners canaries, then while they are checking everything for our license we can observe them and see if they have any ill effects...
Utterly STUPID!!!
16 posted on 01/23/2008 5:28:37 AM PST by DelaWhere (I was with Fred! Where to now???)
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To: DB
That ship sailed long ago in NYC.
17 posted on 01/23/2008 5:29:54 AM PST by mad_as_he$$ (Stop the unFair Tax now; before it is fair for your neighbor and not you.)
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To: chronic cough 420

We might not be living in “1984” yet, but the date seems to be 30 December, 1983! We are getting really close.


18 posted on 01/23/2008 6:38:04 AM PST by ex 98C MI Dude (All my hate cannot be found)
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To: Mr Ramsbotham

Wow, lol... Holy cow, I guess there’s nothing new under the Sun after all. Thanks for that information. Fascinating.


19 posted on 01/23/2008 10:56:18 AM PST by LibWhacker (Democrats are phony Americans)
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To: DelaWhere

Clocks and calendars = time detectors


20 posted on 01/23/2008 10:58:54 AM PST by RightWhale (Repeal the law of the excluded middle)
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