Lingle, Cabinet make
simulated terror flightMilitary helicopters whisk
officials in to Diamond Head crater
Three Hawaii Air National Guard Black Hawk helicopters swooped in to Diamond Head crater yesterday morning carrying Gov. Linda Lingle, Lt. Gov. James "Duke" Aiona and Lingle's 17-person Cabinet.
The meeting at the command center of the state Civil Defense headquarters started the third day of an exercise to simulate a bioterrorism attack in Hawaii. The Cabinet flew because the simulation called for widespread public disruptions that would block traveling on the road.
As the make-believe plan unfolds, the governor declares a state emergency and assumes broad emergency powers.
During a news conference yesterday, Lingle said the emergency-powers declaration is a key part of the disaster drill because, in the event of a real emergency, she would have sweeping powers to regulate the lives of both state workers and civilians.
Under state law, Chapter 128, the governor herself declares a state of emergency.
"The governor shall be the sole judge of the existence of the danger, threat, state of affairs, or circumstances," the law reads.
The governor also may suspend all laws "inconsistent with the provisions" of the state emergency laws.
For instance, Lingle said, the exercise scenario called for a terrorist smallpox attack that could kill many Hawaii citizens.
"In a real live situation, if smallpox got out of control and people were dying in large numbers, there is a public health need to dispose of bodies in such a way that this does not spread," she said.
"This may go against some religious beliefs, and we would have the power to override some of those individual desires because this would be a public health concern," Lingle added.
According to state law, during an emergency Lingle could compel citizens to be vaccinated against disease or to be quarantined if they had dangerous diseases.
Also, she could "suspend any law which impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with civil defense or other emergency functions."
Lingle said, however, that these functions would not be assumed without a serious emergency.
"You are just going to have to make some tough decisions while keeping in mind we are all Americans and we live in a democratic society, but my responsibility as governor is to make sure that the public health is protected," Lingle said.
Reviews of the Hawaii laws by the local American Civil Liberties Union found that they are similar to other state emergency plans, according to Richard Miller, former dean of the University of Hawaii law school.
One decision Lingle would not have to make is the use of lethal force against possible skyjackers. After the Sept. 11, 2001, terrorist attack, Hawaii's Air National Guard was ordered to put its F-15 fighter jets in the air to escort in planes flying to Hawaii.
But Lt. Gen. Steven Blum, who is in charge of all state National Guard units, explained last week that Guard planes would fall under federal authority during an air emergency such as a hijacking. He said the National Guard pilots would receive orders from the president and not a state governor in any such incident.
