Comment by Sidra E. Hanson
What do glass eyes, dental plates, a can of corn, a small Ronald McDonald doll, keys, and polio braces all have in common? Visitors have left each as votive offerings in the St. Roch Chapel in New Orleans's St. Roch Cemetery No. 1 over the years. The cemetery was dedicated in 1875 after Reverend Peter Thevis devoted his prayers to St. Roch, the Patron Saint of Good Health, during the yellow fever epidemic. Although the yellow fever killed many people in New Orleans, none of Reverend Thevis's congregation perished. Ever since, visitors have left prosthetics and other health-related votive offerings in the cemetery's Gothic-style chapel. St. Roch Cemetery No. 1 is one of Louisiana's many cemeteries that reflects the state's distinctive history and culture. The above-ground mausoleums typical to New Orleans are especially unique, and they draw many tourists to the state. Another (darker) way in which Louisiana cemeteries are distinctive, however, is their proximity to the coast and the devastating effects of hurricanes and flooding. After Hurricane Gustav in 2008, horrified passersby noticed that a large tree had crushed caskets and concrete vaults in a cemetery near Bueche, Louisiana, exposing a pelvic bone and vertebra to the open air. After Hurricane Ida in 2021, distraught residents of Jean Lafitte, Louisiana, searched for the caskets of their loved *221 ones that had been swept away by the enormous tidal surge. Because of the historical and cultural uniqueness of Louisiana cemeteries, and their susceptibility to natural disasters, Louisiana is a state unlike any other where it is appropriate to take a closer look at the place of cemeteries in the legal and policy landscape.
Though scientific literature has identified and explained the importance of cemeteries in terms of biodiversity and conservation, the topic has not yet been explored at-length for Louisiana cemeteries, nor in the legal context. Legal literature has, however, examined the applicable laws for Louisiana cemeteries in the context of historic preservation and identified gaps in state and federal protections. It has also analyzed the question of who has legal responsibility for the displaced dead after a natural disaster in Louisiana. Furthermore, it has studied land use in Louisiana in terms of cemetery dedication and urban planning. It has explored the question of what constitutes a cemetery in Louisiana in the first place--a question with no easy answer, despite what one might first think--as well.
In the context of the current literature that examines the laws affecting the preservation of cemeteries, this Comment examines the laws and regulations relevant to the maintenance of green spaces in cemeteries in Louisiana and argues in favor of cemetery regulations that incorporate biodiversity and conservation concerns. Part II analyzes the historical, cultural, and environmental importance of cemeteries. Part III discusses the current state of landscaping regulations in Louisiana cemeteries. Part IV examines how some cemeteries in the United States and their affiliated nonprofit organizations have already incorporated green concerns into cemetery management. It also provides a comparative examination of the incorporation of biodiversity concerns into cemetery management in the United Kingdom. Part V proposes legislation that requires new cemeteries to develop sustainability or habitat plans and proposes tax credits for cemeteries that incorporate conservation practices. Part VI concludes and returns to the concept of the “collective memory.” It analyzes cemeteries as spaces that can contribute to a “natural collective memory.”
About the Author
Sidra E. Hanson, J.D. Candidate 2025, Tulane University Law School; B.A. 2022, Hendrix College.
Citation
99 Tul. L. Rev. 219