FC: Be worried about new MEHPA anti-terrorism bill, by P.Weyrich

[Declan McCullagh <declan () well com>]

---

From:   Steve Lilienthal
Re:     Model State Emergency Health Powers Act
Date:   December 5


The following commentary discusses the sprouting opposition to the Model
State Emergency Health Powers Act.

MEHPA is being pushed by the Department of Health & Human Services on the
states and an analysis of its provisions by the
American Legislative Exchange Council found it "[s]trips individuals and
families of their rights and liberties at the expense of government."

Furthermore, MEHPA appears to be a dream come true for the trial lawyer
lobby and government is granted "overly sweeping takings rights" in ALEC's
view.

Free Congress Foundation president Paul Weyrich examined the threat that
MEHPA posed in an earlier commentary titled "Another Conservative Goes
Native" in which he expressed disappointment in HHS Secretary Tommy Thompson
for allowing his agency to advance such a proposal. That can be found at:
www.freecongress.org

Steve Lilienthal
Media Relations
Free Congress Foundation
202-204-5304
slilienthal () freecongress org
www.freecongress.org

---

Free Congress Foundation's
Notable News Now
December 4, 2001


The Free Congress Commentary
A Bad Idea Coming Your Way
By Steve Lilienthal

When Paul Weyrich wrote "Another Conservative Goes Native" two weeks ago, he
described the proposed "Model State Emergency Health Powers Act" (MEHPA)
that is being pushed on the states by the Department of Health & Human
Services. It will soon start winding its way through state legislatures. The
National Conference of State Legislatures, which has a decided orientation
toward more regulation, is meeting in Washington this week, and Lawrence O.
Gostin, the leading proponent of MEHPA, will be there to promote the model
bill. So expect state legislators upon returning from Washington to start
filing MEHPA bills ASAP.

Unless citizens learn about and speak out against MEHPA, the measure will
become law in many states. Fortunately, the word is starting to go out about
just what this legislation means to our civil liberties.

The proposal represents a draconian move by the "we know best" lobbies
representing the public health establishment. The National Conference of
State Legislatures and the National Governors Association are also joining
in the effort to foist MEHPA on the states.

The measure grants governors the ability to declare a state of emergency to
deal with the threat of  bioterrorism or an "epidemic" which is a very broad
definition and one that could lead to abuse. Remember: This same public
health lobby often talks about an "epidemic of violence" that they blame on
guns, not the people who decide to pick them up and squeeze the trigger.
They talk of an "epidemic of obesity" and, in this month's Washington
Monthly, a professor at the Tulane University School of Public Health and
Tropical Medicine named Tom Farley co-authored an article in which he argued
that "we'd better start treating obesity like an infectious epidemic." While
the article did not address MEHPA, it provides an insight into the current
mindset of the public health establishment that favors sweeping "collective
action" rather than individual responsibility on matters where, in decades
past, it would not have wanted such draconian steps to be taken.

For that reason, the gun owners and those manufacturers and distributors of
`politically incorrect' items such as cigarettes and alcohol, even candy
bars have every reason to be concerned given that MEHPA says in regard to
the "access to and control of facilities and property -- generally" that the
state should have the power "To control, restrict, and regulate by rationing
and using quotas, prohibitions on shipments, price fixing, allocations or
other means, the use, sale, dispensing, distribution, or transportation of
food, fuel, clothing, and other commodities, alcoholic beverages, firearms,
explosives, and combustibles, as may be reasonable and necessary for
emergency response."

This would only last for as long as the state of a declared emergency
exists, but of course who will be exercising and influencing that power? As
Robert Cihak and Michael Arnold Glueck, both Harvard trained diagnostic
radiologists, wrote in their column called "Political War Profiteering" that
was published by  WorldNetDaily www.worldnetdaily.com  on November 29: "Some
of the provisions in the model law have 30- and 60-day limitations. But
governments have been known to play endless `clocking' games with such
limitations. There's also nothing to keep the governor from declaring
rolling threats, one after another, if he or she desires."

Legislation modeled after MEHPA has already been introduced in Minnesota,
and the  American Legislative Exchange Council expects it will soon appear
in Illinois, Maryland, Massachusetts, Nevada, and California.

Fortunately, ALEC www.alec.org  is starting to raise the awareness of just
what is in MEHPA. And the Association  of American Physicians and Surgeons
www.aapsonline.org  will also play a very active role in letting the public
know just how detrimental this legislation will be.

The Institute for Health Freedom <www.forhealthfreedom.org> will also be
scrutinizing MEHPA and its implications.

Concerned citizens should regularly consult the web pages of these
organizations as well as those of the Free Congress Foundation
www.freecongress.org to learn more about how this battle is unfolding.

There is a more sensible course than MEHPA and the AAPS in its draft
analysis of the model legislation makes some common sense recommendations to
help ensure protection of citizens.

For their part, Glueck and Cihak urge the states to take the prudent step of
reviewing their existing laws and to make necessary revisions according to
their needs and changing conditions when necessary. However, they warn that
the byzantine bureaucratic babble that is MEHPA is no solution to a real
emergency -- at least from the citizen's standpoint.

MEHPA is, of course, just what the liberal public health community ordered
to maximize their power. Indeed, the spearhead for this model bill is a
center for public health law at Georgetown  and Johns Hopkins universities
that is funded by the Centers for Disease Control and Prevention. Despite
its admirable sounding title, the CDC is as much - if not more - concerned
with enacting a political agenda as it is with ensuring public safety. A
visit to the AAPS webpage to view its draft analysis of MEHPA is very
worthwhile, particularly to learn more about Lawrence O. Gostin, its leading
proponent, and his background and ideological outlook

Cihak and Glueck conclude their column by advising that "governments, like
doctors, should `First, do no harm.'" It's sound advice and one that the
American citizens should press upon their state legislators in the coming
months as MEHPA bills are considered. An "epidemic" of overzealous
government regulations is one we can easily do without.

Steve Lilienthal is media relations director for the Free Congress
Foundation.

For media inquiries, contact Steve Lilienthal slilienthal () freecongress org

For other questions or comments, contact Angie Wheeler
awheeler () freecongress org <mailto:awheeler () freecongress org>

Visit Our Website at <http://www.FreeCongress.org>

This publication is a service of the Free Congress Research and Education
Foundation, Inc. (FCF) and does not necessarily reflect the views of the
Free Congress Foundation nor is it an attempt to aid or hinder the passage
of any bill.
Free Congress Foundation * 717 Second Street, NE * Washington, DC  20002 *
202.546.3000 * Fax: 202.544.2819





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