Re: "State orders Cryonics Institute to stop freezing bodies"

From: Brett Paatsch (bpaatsch@bigpond.net.au)
Date: Wed Aug 27 2003 - 11:29:31 MDT

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    Technotranscendence <neptune@superlink.net> writes:
    Re: "State orders Cryonics Institute to stop freezing bodies"

    > On Tuesday, August 26, 2003 9:28 PM Horace Blimpo
    > extroacnt77@hotmail.com wrote:
    > > The Cryonics Institute has been ordered by
    > > to stop freezing bodies.
    > >
    > > http://www.montereyherald.com/mld/montereyherald/sports/6623689.htm
    >
    > Sad, but what is to be done about this problem?
    >
     
    Depends, how big a problem is this actually? Is it more than
    just publicity chasing political opportunism and media baiting
    (or responding to media story bush beating) by CIS Director
    Hollister or someone else I wonder? Disengaging the facts from
    media speak is always something of an exercise and to be honest
    I'm not really convinced its worth my taking the trouble in this case.
    Is CI even looking for help or do they have everything under
    control?

    I am not a lawyer and I know less of the American legal system
    than I do of the Australian system but a couple of points stick
    out to me from this article and I recall a little backgrounding I did
    on cryonics a few years ago.

    First there is a paper accessible from the cryonics site entitled
    "Declaration of Dr. Fahy", http://www.cryonics.org/fahy.html
    where in California (not Michigan) "the cryonics people won
    the case (in the Superior Court) and the coroner was enjoined
    against interfering with the cryonics operation."

    I don't know if California and the Michigan have the same or
    similar (ie. essentially duplicated) Departments of Consumer
    and Industry Services, but if they do, or if they are not notably
    different on point then my guess is that the Californian decision
    should at least have persuasive power in Michigan.

    Second, I have not drawn out the legislation or bylaws that
    Hollister is apparently invoking, (what would be the point he
    seems to refer to no particular clauses or legal points -
    what references are made are made by the reporters, whom
    Hollister may or may not be accurately represented by.)
     
    Hollister is quoted as "expressing concern that people from
    around the world have invested their trust and finances into
    this facility to preserve their bodies for eternity yet this facility
    continues to knowingly operate outside the scope of the law".

    Well what a sweetie. That he in the state of Michigan, should
    be so multinational in his "concern".

    "Operating outside the law" is not necessarily the same
    as "operating illegally" though many political spinners and
    media types would recognize that such a distinction may be
    lost on many readers (and some reporters).

    Consider if there is no legislation on the matter of having
    a favourite color is one "operating outside the law" to have
    a favourite color like blue? Does favoring blue mean one
    is operating outside the law. Outside could mean the law
    has no jurisdiction on the matter.

    Third, unless the CI has said or Hollister and can show
    that the CI institute has promised to "preserve ..bodies for
    eternity" (a statement which strikes me as a little surprising
    having had some brief email contacts with Bob Ettinger a
    few years ago - he did not strike me as that foolish), then
    the implied deception - to preserve for eternity - is very
    much moot.

    And if as the reporter in this link says
    (STATE Orders Local Cryonics Institute To Close - WDIV, MI
    http://www.clickondetroit.com/news/2434929/detail.html )

    "The facility, .... is being ordered to preserve the bodies
    currently in its care; however, it will not be able to accept
    any new contracts or bodies." How is such an "order" not
    logically contradictory to the point against preservation being
    made?

    The same article goes on ...

    "Hollister said CIS is encouraging the Cryonics Institute to
    take the necessary steps to come in compliance with state law.
    The Cryonics Institute may become licensed either as a funeral
    establishment or registered as a cemetery; however, current law
    would prohibit the Cryonics Institute from being able to do both.
    The law stipulates that bodies cannot be prepared at the scene
    of a cemetery, however the institute could make arrangements
    for the bodies to be prepared in a licensed funeral home,
    according to CIS."

    If I was at CI I'd want to see exactly what the state law said
    rather than read about it in general terms in the media. I imagine
    Bob Ettinger has that well covered. I'd also suspect that wiggle
    room would be left in the definition of separating cemetery from
    funeral home (how much separation is enough etc?) and perhaps
    even in the notion of what is a body - perhaps see the Fahy
    argument above. Hollister and co could well be just "bending"
    with the prevailing political wind or responding to media story
    making and CI may well respond accordingly.

    Of course, the media prefers stories that are more rather than
    less dramatic and confrontational. And what better way to find
    "news" in a quite period than to make it by muck raking on an
    issue that seems to have become topical (with Sports Illustrated
    and Ted whats-his-name - hey we're not all baseball fans).

    I can see lots of potential solutions and courses of action
    depending on details that are not included in the articles but
    there are also *lots* of other things to spend time on, so
    seriously how big is the problem?

    Brett Paatsch



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