Thursday, September 2 2010

From the late eminent 20th century American jurist, Oliver Wendell Holmes Jr, comes the metaphor of “shouting fire in a crowded theatre,” that is setting off an alarm when there is no fire and thus for no reason, presenting a “clear and present danger” to patrons. In such circumstances he wrote in 1919, there could be no First Amendment protection of the right to free speech.

Though his First Amendment holding on banned speech was later limited in another case, Holmes’ ruling is the analogy for any statement which goes beyond the pale, that is, one which serves no useful purpose and is extremely and imminently dangerous. Shouting fire when there is none has led to unnecessary riot and death.

It is thus past ironic when it is fire officials who shout fire in a crowded theatre, metaphorically speaking, which, if the report was correct, is what firemen at the Arima Fire Station did on Sunday as a blaze razed a business at the O´Meara Industrial Estate. What else was it but a useless, meaningless, reckless statement for them to instruct security guards to “monitor the fire in the meantime”?

In essence, they were asking for the security officers to stand watch over a conflagration, duck flying sparks and falling debris and phone in regular reports until they, the firemen arrived, whenever that was. The security men and women, untrained and unequipped to deal with fires were being asked to place themselves in clear and present danger.

To add insult to injury, when the fire trucks finally arrived they were carrying neither water nor foam to extinguish the inferno. The surrounding fire hydrants were as usual in TT, also dry. The result of inaction, inefficiency and incapacity: millions lost and 75 workers jobless.

It is clear that someone must account. Reports indicate that fire officials are probing the cause of the fire. Investigations into what and who failed on Sunday are also required by the Chief Fire Officer and the Minister of National Security. Did someone tell the security men to monitor the fire? If so, who? Why were the trucks late in arriving and why did they contain no foam or water? Is no one to be disciplined?

As for the fire hydrants, it seems these are only checked when there is a fire, only to be discovered then to be non functional. Hydrants run on salt and fresh water and are managed by the Fire Services. For years hydrants have been allowed to deteriorate and many no longer work or cannot take the pressure needed to fill the fire hoses. Several have been paved over. Millions need now to be spent to replace defunct hydrants. Has TT the funds for such a massive but necessary undertaking?

If it does not it must find them. Perhaps just as private contractors have been asked to help in the paving of rural roads, TT´s businessmen can in partnership with Government contribute toward the upgrade of the hydrants. For example, in Port-of-Spain, the shops on Charlotte Street could collectively replace the old hydrants there. And in return, Government can give a tax break to those companies, which participate in the joint effort. Undeniably, it is the business sector which has the most to lose when their enterprises go up in smoke. Each company on a street cannot mind expending a few thousand dollars in the short run to avoid massive economic losses in the long.

However, fire officials are the ones who are ultimately responsible for checking the hydrants and ensuring they are working at all times. It is also their duty to monitor blazes and it is decidedly irresponsible and derelict of them to ask civilians to fill in, to endanger their lives. When people shout fire and there is a fire, this cry should only be a clear and present danger to the firemen. It is they who are trained and paid for taking the risks, for fighting the fire, not security guards nor civilians.