AN ACR DC9 WAS ASSIGNED A HDG OF 355 DEGS TO INTERCEPT THE SAV TRANSITION ON A MCCOY 4 DEP OFF MCO. THE CAPT RPTR REFUSED CLRNC DUE TO WX ON HIS RADAR AND ASKED FOR A W DEV. THE CTLR SAID UNABLE DUE TO A HOT RESTR AREA; BUT CAPT EXERCISED HIS COMMAND AUTH AND TURNED W ANYWAY. ACFT WAS TOLD TO SQUAWK EMER. ACFT RETURNED TO NORMAL RTE WHEN CLR OF WX.

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AT APPROX XA20Z ON FEB/XX/97; WHILE LEVEL AT FL190; I EXERCISED MY COMMAND AUTH AND REFUSED AN ATC CLRNC IN THE BEST INTEREST OF MY PAX; CREW; ACFT AND PERSONAL SAFETY. WHILE FLYING THE MCCOY 4 DEP FROM ORL ARPT; ATC STOPPED OUR CLB AT FL190 AND ASSIGNED US A HDG (335 DEGS AS I RECALL) TO INTERCEPT THE SAV TRANSITION. A SHORT TIME LATER WE OBSERVED ON OUR WX RADAR SOME CELLS THAT WOULD REQUIRE DEVIATING AROUND AND ADVISED ATC THAT WE WOULD LIKE A SLIGHT DEV TO THE W FOR WX. ATC RESPONDED THAT HE WAS UNABLE DUE TO TFC. WE THEN ADVISED HIM THAT WE NEEDED THE DEV WITHIN 10 MI. ATC DID NOT RESPOND TO THIS XMISSION. WE MAINTAINED OUR HDG AS LONG AS POSSIBLE WHILE ATTEMPTING TO CONTACT ATC CONCERNING OUR NEED FOR A DEV; BUT WERE UNABLE TO CONTACT CTR UNTIL W DEV WAS INITIATED; DUE TO FREQ CONGESTION. WHEN FINALLY ABLE TO CONTACT CTR; I ADVISED THAT WE WERE TOWARDS THE W TO AVOID WX. CTR RESPONDED WITH UNABLE W DEV; TURN R TO HDG 020 DEGS. WE WERE UNABLE TO COMPLY WITH THIS DUE TO OUR PROX TO THE WX AND ADVISED ATC WE WERE UNABLE R TURN; BUT COULD ACCEPT A L TURN TO 020 DEGS. ATC RESPONDED UNABLE ANY W DEV DUE TO ACTIVE RESTR AIRSPACE TO OUR L. WE TOLD ATC WE WERE UNABLE ANY TURN TO THE R DUE TO WX. ATC THEN STATED THAT I WAS REFUSING AN ATC CLRNC AND TO SQUAWK EMER. WE DID THIS; WHILE DEVIATING W AROUND THE CLOSEST CELL AND ADVISED ATC WHEN WE COULD TURN BACK TOWARDS THE E AND REQUESTED RETURN TO OUR NORMAL SQUAWK. ATC APPROVED. REMAINDER OF FLT UNEVENTFUL. I FEEL THE SIT COULD HAVE BEEN AVOIDED HAD ATC ADVISED; AFTER OUR INITIAL REQUEST; THAT ANY DEV W WOULD NOT BE PERMITTED BUT E WOULD BE OK. THIS WOULD HAVE PERMITTED THE TURN TO BE ACCOMPLISHED WITHOUT PENETRATING OR GETTING DANGEROUSLY CLOSE TO THE CELL.