1. The defendants herein will immediately use only boiled water for human consumption.
2. The defendants herein will immediately use only chlorinated water in cleaning pots, pans, utensils, and dishes used for the preparation and consumption of food for human use.
3. The defendants herein will submit a set of specifications for construction of latrines to a designated representative of the plaintiff within twenty-four (24) hours after entry of this Order. In the event of failure to submit such specifications, or in the event said specifications are unacceptable to the designated representatives of the plaintiff, the standards set forth in the current Marine Corps field manual shall apply. Construction of latrines shall comply with said standards.
4. The defendants herein shall cover all human waste with dirt, ashes, lime or a combination of said materials immediately after use.
5. The defendants herein shall identify the head of any developed water sources, shall mark off an area around any developed water source, and entry into said area by persons or animals shall be prohibited.
6. The defendants herein shall post in all latrine areas signs noting that food handlers are required to wash hands and at all kitchens and water sources signs requiring the boiling of water for human consumption.
7. The defendants herein shall monitor or cause to be monitored open water, water supplies, or water sources to prohibit contamination with human excrement.
8. The defendants herein shall not block forest Development Road No. 62 (also known as Slick Rock Road) to use for emergency evacuation or to use by emergency vehicles for any purpose, including ambulance, fire, law enforcement, and public health vehicles.
9. The defendants herein shall store or cause to be stored all solid waste material in a manner so as to prevent exposure to insects and animals and said material shall be removed and disposed of in containers provided at the entrance to Slick Rock Road daily.
10. The defendants herein do hereby indicate their understanding that the laws of North Carolina concerning impairing substances will be enforced by appropriate authorities as by law provided.
11. The defendants herein do hereby indicate their understanding that no individual shall resist, delay, or obstruct the monitoring of this agreement by State or local public health officers.
12. The defendants herein indicate their understanding that any person found within the designated boundaries of the Tapoco Watershed shall be subject to immediate arrest by virtue of 10 N.C.A.C. 10A.1201 as incorporated within N.C.G.S. § 130A-25.
13. The defendants herein shall clear or cause to be cleared an area of not less than three feet of any flammable materials around any fire.
14. The defendants herein shall locate or cause to be located a container of water and a container of dirt at the site of any fire for the purpose of extinguishing any fire outbreak.
15. The defendants herein shall identify a physician licensed in North Carolina who is willing to confer in the development and implementation of a plan for providing necessary medical services to the designated representative of the Division of Health Services.
16. The defendants herein shall post a sign at the entrance to Forest Development Road No. 62 or Slick Rock Road which shall contain a clearly visible and eye catching manner the following:
"CAUTION -- North Carolina Law requires a permit for a mass gathering of more than 5,000 people. No such permit has been obtained."
17. The promises contained in paragraphs 5, 6, 12, 13, and 15 set forth above shall be completed within 24 hours after the entry of this order.
18. The plaintiff shall designate a person or persons who shall monitor the site of the Rainbow Gathering for substantial compliance with the promises set forth above.
19. The plaintiff waives any and all right to pursue monetary damages against the defendants herein by virtue of N.C.G.S. § 130A-254(e).
20. Both plaintiff and defendants herein agree that a liaison committee consisting of the named defendants, Garrick Beck and Stephen M. Sedlardo, as representatives of the Rainbow Family, and a representative designated by the plaintiff shall confer on issues relating to this agreement. Officials of local and federal government shall be extended an invitation to participate in the discussion of this committee.
21. If the promises of the defendants herein are substantially complied with and no sufficient evidence indicates that more than 5,000 people were present at the site of the Rainbow Gathering in any twenty-four hour period then the plaintiff shall file a notice of voluntary dismissal with prejudice.
22. Both plaintiff and defendants herein contemplate and agree that any substantial violation of this consent judgment shall be punishable by the contempt power of the United States District Court.
23. Upon the entry of this order, Michael T. Moore shall be excused as attorney for those defendants he now represents and is therefore excused and relieved from any further responsibilities, with such being done with the full knowledge, approval and consent of those parties that he does represent. The said defendants represented by Michael Moore having been fully advised of their right to be heard in open court should they desire to challenge the withdrawal of said Michael T. Moore as their attorney.
The Law, Science & Public
Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster