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Confederacy of Dunces USA

Welcome to the confederacy of dunces usa. This blog is inspired by the effects of Hurricane Katrina on New Orleans and the Gulf Coast USA and named after the novel A Confederacy of Dunces by New Orleans native John Kennedy Toole. Certainly the disaster response efforts have been led by the dunces....

Thursday, June 22, 2006

Obfuscation

It's hard to know which one is my favorite quote from the ruling that did not help victims much but gave FEMA a well-deserved tongue lashing. Some passages are summarized here.

If I have to choose, I'll go with:
while FEMA may not be legally required to notify applicants or recipients of assistance about what FEMA provides, much less provide any data regarding its availability or the requirements for obtaining such assistance, one can only wonder why FEMA would choose to not do so, as has so often been the case herein.

It defies reason that a federal agency whose exclusive provision -- and indeed, sole reason for existence -- is to assist fellow Americans in a time of natural disaster in meeting their utmost needs would fail to notify people of the available services and the requirements for engaging those services, in some clear, consistent, and accessible way.

It also defies reason that such an agency would be seemingly more concerned with fraud on the individual level than with actually helping those persons whose lives have been literally turned upside down through no fault of their own.


I must also mention this one.

Rather than hiding behind bureaucratic double-talk, obscure regulations, outdated computer programs, and politically loaded platitudes such as "people need to take care of themselves," as the face of the federal government in the aftermath of Katrina, FEMA's goal should have been to foster an environment of openness and honesty with all Americans affected by the disaster. Sharing information in simple, clear, and precise terms and delineating the terms and conditions of available assistance in an up-front and forthright manner, does just that.

Despite the voluminous "administrative record" provided to the Court by FEMA, and despite FEMA's stated good intentions to the contrary, the Court has seen scant evidence that any such desire for openness and clarity guided any of FEMA's communications, and this obfuscation has acted much to the detriment of plaintiffs, and indeed, the entire country.

Nevertheless, the Court finds that FEMA is not legally required to notify applicants or recipients of assistance about what FEMA provides or how to obtain such assistance. Regrettably this Court must leave any dissatisfaction with the law in this regard for those in the legislative branch to remedy.


There is only so much a judge can do if law has not been broken. Is it too much to hope for that the Congress will follow the advice of Judge Duval Jr. and pass some useful laws instead of debating non binding resolutions and other B.S.? My disgust with the executive branch is starting to bleed over onto the legislative branch as well.

1 Comments:

At 6/23/2006 11:11 PM, Mr. Melpomene said...

Spent a long summer in trial with Judge Duvall years ago. Must have had a bad case cause we lost that one. He puts it to them in that decision, it rocks!

 

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