bookmark_borderNew Virginia laws are the opposite of diversity and inclusion

Last month, Virginia Governor Ralph Northam signed new laws giving cities and towns the power to remove Confederate monuments and beginning the process of replacing the statue of Robert E. Lee in the U.S. Capitol.

“These laws make Virginia more equitable, just, and inclusive,” he said. “These monuments tell a particular version of history that doesn’t include everyone. In Virginia, that version of history has been given prominence and authority for far too long.”

State Senator Mamie Locke, who sponsored the bill to let cities remove monuments, voiced similar sentiments: “Virginia’s Confederate monuments were erected as symbols of a dangerous Jim Crow era. It is past time we told a more complete story of our history and work to build a Commonwealth that values everyone – no matter who you are.”

Delegate Delores McQuinn, who sponsored the House version of the bill, said, “Today marks an important step towards a more equitable and welcoming Commonwealth. Virginia’s history is difficult and complex, and it is important that we tell the full and true story of our past 400 years. These new laws will make our Commonwealth better.”

And Dr. Janice Underwood, the state’s Chief Diversity, Equity, and Inclusion Officer, said “For more than 400 years, we’ve consciously oppressed and celebrated painful parts of Virginia’s past at the expense of those who are haunted by it the most. With these laws we are charting a new path for our Commonwealth – one that begins to tell a more complete story of who we are and honors our diversity as our greatest strength.”

The truth, however, is the exact opposite. The sentiments voiced by these politicians completely ignore the fact that those who admire Confederate leaders are also people, and their views and preferences also matter. Getting rid of Confederate monuments completely disregards the views of those who enjoy these statues and admire the soldiers and leaders whom the statues represent.

There are numerous legitimate reasons to admire Confederate leaders – their bravery, their sense of honor, their military skill, their loyalty to their home states, and the fact that they fought against a powerful federal government, just to name a few. The Confederacy was not merely about slavery, and the statues are not symbols of racism. They are symbols of people from history, who have both positive and negative attributes just like all people do. Lots of people don’t like the Confederacy or its leaders, and that’s fine. They have every right to lobby for the creation of statues of historical figures they do admire. They do not, however, have a right to lobby for the removal of statues they do not like. That is not fair to the people who like these statues and the historical figures they represent.

Unfortunately, the viewpoint that the Confederacy and everyone associated with it was bad, is the popular, politically correct viewpoint today. That does not make it right. To get rid of Confederate statues is to state that the popular, politically correct viewpoint is the only legitimate viewpoint there is. This completely excludes anyone with dissenting views. This is the exact opposite of making Virginia more equitable, just, welcoming, and inclusive. It is the opposite of diversity. It is the opposite of valuing everyone. In short, these laws allowing the removal of Confederate statues do the opposite of what the politicians who sponsored and signed the laws claim. They make Virginia, and America, a worse and less tolerant place.

bookmark_borderGym owner defies restrictions in MA

In my home state of Massachusetts, a gym owner is defying government restrictions and encouraging others to do the same.

Dave Blondin, owner of Prime Fitness & Nutrition in Oxford, MA, opened his business on Monday, even though Massachusetts will not allow gyms to open until “phase 3” of its reopening plan. Monday was the beginning of phase 1.

“Enough is enough,” Blondin said, according to the Boston Herald. “We need our sanity back. Gyms should join me. Every gym owner is essential… We need to stand our ground. We have to open our gyms.”

“They’re so happy and smiling being able to work out again,” he said of gym members. “It’s so important for their mental health, anxiety, stress, depression.” He added that members are unanimously supporting him and have offered to pay any fines that the gym incurs.

One gym member, a nurse, said: “I think it’s a great idea. It definitely helps with the mental health… I don’t think there’s any issue going on whatsoever.”

Blondin said in a Facebook video: “I would like to call upon all other gyms in Massachusetts to do the same. Whether you’re big, whether you’re small, whether you’re a studio, whatever you are, start opening your doors. We’re all in this together. If Walmart that’s right down the street can sit there and have 356 cars there, then we can work out.”

So far Blondin has received a verbal warning and a written warning from the Oxford Board of Health. The law authorizes a $300 fine for each day the gym is open, as well as eventually a cease and desist order. Yesterday, 7 News captured an exchange between Blondin and board of health agent Tom Purcell during which Purcell asked Blondin if there was anything he could to convince him to comply. “Nope, let me open my business and get back to my livelihood,” he replied.

Speaking to 7 News, Blondin said, “It’s not fair. We’ve been out of business for too long now. The eight weeks have gone by, and I’ve used my PPP (paycheck protection program) funds, and that’s it. Unless they want to fund me again, this is over.”

“It takes a lot to stand up to everybody who’s staying closed,” said gym member Samantha Chamberlain.

Blondin said to Channel 5/WCVB:”If the worst thing that they’re gonna do is give me a citation… I’m trying to choose my freedom. Yeah, I’ll take the citation.”

Town Manager Jennifer Callahan said she has received “many angry calls and emails from residents calling on the town to shutter this business immediately.” Why someone would make an angry call or send an angry email about people minding their own business is beyond me. Blondin and his members are doing nothing wrong, and I admire their courage in standing up to government overreach.

bookmark_borderAs restaurants open, warrantless searches should not be on the menu

As restrictions on people and businesses are gradually lifted, a disturbing new practice has emerged. Some cities and states are requiring restaurants and other businesses to collect information on customers to assist governments with contact tracing efforts.

In New Orleans, Mayor LaToya Cantrell is asking all businesses to keep track of everyone who enters their establishment. “Businesses will be expected to play a role and to have a plan in place to help track employees and clients in their space,” a city spokesperson said. Michael Hecht, the President of Greater New Orleans, Inc. voiced opposition to this idea, saying that business owners are concerned about “privacy of customer data and whether customers even want to give this data.”

In Kansas City, Missouri, restaurants must collect customers’ names, phone numbers, and check-in and check-out times.

Elsewhere in Kansas, Linn County implemented a similar requirement for a variety of businesses including restaurants, health clinics, dentists, pharmacies, banks, stores, and day care centers. A newspaper publisher and a restaurant owner have filed a federal lawsuit arguing that the requirement authorizes warrantless searches. “Constitutional rights do not get suspended during a pandemic,” said Samuel MacRoberts of the Kansas Justice Institute. “There is a clear process by which governments can obtain business and personal records. Unfortunately, Linn County has ignored that process and put the basic rights of its citizens in serious jeopardy.”

Austin, Texas is also requiring restaurants to keep a log of diners. The president of the Texas Restaurant Association, Emily Williams Knight, called the requirement “simply not right” and voiced concerns about the burden on small businesses and the privacy implications for customers.  

Rhode Island has enacted a similar policy. “Establishments shall maintain an employee work log and retain the names and contact information of individuals placing reservations for a period of at least 30 days and make this information available to RIDOH upon request for the purposes of contact tracing,” the phase 1 re-opening guidelines state.

In Washington, Governor Jay Inslee initially planned to require restaurants to track each customer’s name, email address, phone number, and what time they came in to eat. Fortunately, however, he changed his mind and made the data collection voluntary.

Hopefully these data collection requirements will not become the norm. People have a right to privacy. People have a right to live their lives without their activities being tracked and monitored. And people have a right to go about their business – including going to stores, restaurants, and bars – without anyone knowing their identity, if they so choose. Requiring people to provide their identities whenever they visit a restaurant or other business is a disturbing step towards a totalitarian society.

bookmark_borderArmed citizens to the rescue in Texas

The New York Times did an article recently about businesses that have been opening in defiance of government restrictions, and the armed citizens who have come to their aid.

In Shepherd, Texas, for example, tattoo artist Jamie Williams reopened her studio, called Crash-N-Burn, with the help of five armed activists determined to prevent police from arresting her. They set up a perimeter around the parking lot, outfitted with with AR-15s, camouflage vests, and walkie-talkies.

“I had a feeling that finally somebody had my back,” said Williams. “And it’s really sad that citizens are having my back as opposed to my government.”

“It’s not for looks,” said one of the armed men, J.P. Campbell of Freedom Fighters of Texas. “We’re willing to die.”

“I think it should be a business’s right if they want to close or open,” said Philip Archibald, another one of the activists. “What is coming to arrest a person who is opening their business according to their constitutional rights? That’s confrontation.”

Archibald has protested in support of and provided security for several businesses in Texas. In another instance, he and his group were on the scene when Big Daddy Zane’s bar opened in defiance of stay-at-home orders in Odessa, Texas. Sadly, cops arrived in an armored vehicle and arrested the bar’s owner and several of Archibald’s friends. He plans to travel to California and New Jersey to continue his activism.

“We go out there because we want peace, but we prepare for war,” said C.J. Grisham of Open Carry Texas. “I hope this never happens, but at some point guns are going to have to cease to be a show of force and be a response to force.”

At least one government official, County Judge Fritz Faulkner of San Jacinto County, where Crash-N-Burn is located, voiced support. “The powers that be came to their senses and said, ‘Look, you can’t do this,'” he said of the governor’s decision to stop criminal enforcement of the lockdown measures. “Now, my personal opinion is, if a barbershop can open, I don’t know why a tattoo shop couldn’t open.”

Unsurprisingly, Ed Scruggs, president of Texas Gun Sense, criticized citizens for exercising their Second Amendment rights and standing up for the rights of their fellow citizens. “People are nervous enough as it is, and then to see people walking around with AR-15s in public places, gathered together like that, is unnerving and upsetting,” he said. “The entire goal is intimidation and attention.”

I couldn’t disagree more. People have every right to walk around with AR-15s in public places. I can think of few sights more uplifting or inspiring than ordinary Americans bravely standing up to tyranny. Unnerving and upsetting? No way! Plus, standing up for the rights of businesses and individuals is not intimidation. It is the government that is practicing intimidation by arresting and threatening to arrest people who have done nothing wrong. These activists are simply defending their rights. I salute their bravery and their willingness to risk their lives for their principles.

bookmark_borderVictory for freedom in Oregon

In Oregon, a court declared restrictions on people’s freedom of movement and assembly “null and void.” Baker County Circuit Judge Matthew Shirtcliff issued a preliminary injunction against Governor Kate Brown’s stay-at-home order. He ruled that the emergency order should have expired after 28 days because the state legislature was never convened to renew it.

“Once the maximum 28-day period is exceeded,” the judge explained, “the governor’s executive orders and all subsequent orders were rendered null and void.”

The lawsuit was initially brought by several churches, and a variety of businesses and individuals joined as plaintiffs as well.

According to the plaintiffs’ lawyer, Ray Hacke, the ruling invalidates the stay-at-home order not only with respect to church services but in its entirety. “The stay-at-home order is no longer in effect,” he said. “It is invalidated. If people want to get their hair cut, they can. They can leave their home for any reason whether it’s deemed essential in the eye of the state or not…. Praise God. I’m excited, and I’m glad that the judge saw that there are limitations on the governor’s power, even in the midst of emergencies.”

Another person involved in the lawsuit was gubernatorial candidate Kevin Mannix. “The governor may issue guidelines and she may encourage Oregonians to be safe,” he said. “She may not close down churches and businesses under pain of criminal misdemeanor charges.”

I could not agree more strongly with these sentiments. The government has a right to issue public health recommendations and educate people about risks. But people must be allowed to make their own decisions about how to manage their risk.

Gov. Brown announced that she was going to appeal the ruling to the Oregon Supreme Court. However, Judge Shirtcliff declined to issue a stay of his ruling, meaning that the order is unenforceable while the appeal is pending.

“The science behind these executive orders hasn’t changed one bit,” said the governor. “Ongoing physical distancing, staying home as much as possible, and wearing face coverings will save lives across Oregon.”

With all due respect, Gov. Brown is missing the point. The science may very well be what she says it is. But science does not have anything to do with which laws should be enacted. Moral principles are the only thing that should be considered when determining what the laws should be. The most important moral principle is the non-aggression principle, the idea that people have a right to do any action that does not violate the rights of others. Banning things that do not violate the rights of others – exactly what is done by stay-at-home restrictions – is wrong. This is true regardless of what the science says and regardless of how many lives the restrictions save.

Individual rights must always come first. Thank you to Judge Shirtcliff for upholding them.

bookmark_borderRebellious gym owner arrested in California

In Oceanside, California, gym owner Lou Uridel was arrested for opening his business in defiance of the state’s stay-at-home order. Upon being released, he has continued to defy the order by re-opening the gym. The police department stated that it plans to cite Uridel for each day the gym remains in operation. The maximum penalty for each citation is $1,000 and/or 90 days in jail.

Reportedly, police told Uridel that they would arrest every customer if he reopened his gym. However, after consulting with his lawyer, he was advised that police did not have the power to do that, and so he decided to re-open this past Wednesday.

“There’s some members who kind of shy away from that and there’s some members who say, you know what, if they’re going to take me away in handcuffs for working out, then they can go ahead and do it,” Uridel said.

Salute to everyone who falls into the second category and is willing to take a stand against government overreach.

bookmark_borderAnti-lockdown lawsuits all around the country

Politico has a good article outlining the lawsuits that have been filed all around the country against various states’ COVID-19 lockdown orders. Here are some examples:

  • In California there have been numerous lawsuits filed against Governor Gavin Newsom for his closures of gun stores, churches, gyms, yoga studios, hair salons, and beaches, ban on protests, and the stay-at-home order in its entirety. In one example, LA County resident Samuel Armstrong sued the state, arguing (correctly, in my opinion) that the order amounts to detention without due process of law, thereby violating the 14th Amendment to the U.S. Constitution. San Francisco attorney Harmeet Dhillon, who represents the plaintiffs in several of these lawsuits, said, “We do not shut down our highways because people die in car accidents. We do not ban commerce because people die of lung disease after buying cigarettes.”
  • In Kentucky, four protesters sued Governor Andy Beshear, arguing that the state’s restrictions on protests violate the First Amendment. Another lawsuit focusing on the ban of church services was upheld by a federal court.
  • In Maine, a group of business owners sued Governor Janet Mills over her stay-at-home order.
  • In Maryland, a group of business owners, religious leaders, and state delegates sued Governor Larry Hogan, asking for a restraining order preventing enforcement of the state’s lockdown.
  • In Ohio, the 1851 Center for Constitutional Law sued Governor Mike DeWine over his closure of non-essential businesses. More recently, this organization filed another lawsuit on behalf of 35 independent gym owners, who are still not permitted to open, despite the fact that the government has begun to lift restrictions.
  • In Pennsylvania, a group of business owners sued Governor Tom Wolf over the closure of non-essential businesses in a lawsuit that made it all the way to the Supreme Court.
  • In Texas, activist and lawyer Jared Woodfill has sued Governor Greg Abbott, arguing that the state’s lockdown order violates the Texas and U.S. Constitutions. Additionally, State Attorney General Ken Paxton has threatened to sue the governments of Austin, Dallas, and San Antonio if they do not lift their strict stay-at-home measures.
  • And of course, in Wisconsin, a great victory took place this past Wednesday when the state Supreme Court struck down as “unlawful, invalid, and unenforceable” the stay-at-home order enacted by Governor Tony Evers and Department of Health Services Secretary Andrea Palm. “Where in the Constitution did the people of Wisconsin confer the authority on a single unelected cabinet secretary to compel almost 6 million people to stay at home and close their businesses and face imprisonment if they don’t comply? With no input from the legislature, without the consent of the people? Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work among other ordinarily lawful activities?” asked Wisconsin Supreme Court Justice Rebecca Bradley.

Salute to all of the plaintiffs, lawyers, and judges taking the side of freedom and individual rights.

bookmark_borderVictory for religious freedom in North Carolina

A victory for religious freedom took place today in North Carolina. Judge James C. Dever III of the U.S. District Court for the Eastern District of North Carolina ruled that Governor Roy Cooper’s stay-at-home order violates the First Amendment by prohibiting indoor church services of more than 10 people. The Berean Baptist Church and its pastor Dr. Ronnie Baity, the People’s Baptist Church, and the organization Return America sued the governor, and the court granted their request for an emergency temporary restraining order, preventing the church service ban from being enforced.

Here’s a quote from the ruling:

“There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment. Plaintiffs have demonstrated that they are likely to succeed on the merits of their Free Exercise claim concerning the assembly for religious worship provisions in Executive Order 138, that they will suffer irreparable harm absent a temporary restraining order, that the equities tip in their favor, and that a temporary restraining order is in the public interest. Thus, having considered the entire record and governing law, the court grants plaintiffs’ motion for a temporary restraining order.”

The full ruling can be read here.

bookmark_borderIn defense of Patriots kicker Justin Rohrwasser’s tattoos and political views

With almost no sports happening at the moment, the NFL draft last month was a huge story. In New England, a large amount of attention has focused on kicker Justin Rohrwasser from Marshall University, who was drafted by the Pats in the fifth round.

According to a profile in the Boston Globe, Rohrwasser has numerous tattoos, including an American flag, one that reads “don’t tread on me,” another that reads “liberty or death,” and another that resembles the logo of a group called the Three Percenters. This group advocates for small government, freedom of speech, and gun rights. According to the Southern Poverty Law Center, the Three Percenters are an “anti-government group,” meaning that they “advocate or adhere to extreme anti-government doctrines.” The Three Percenters, however, have characterized themselves as “very pro-government, so long as the government abides by the Constitution.”

Additionally, on Twitter, Rohrwasser has expressed support for President Trump, Ayn Rand, and psychologist Jordan Peterson. According to one of his college coaches, Jim Fleming, Rohrwasser wore a red “MAGA” hat at school and expressed conservative beliefs, particularly about economic policies, in conversations.

What is wrong with this, you may ask? In my opinion… absolutely nothing!

Yet because of his political beliefs, Rohrwasser has been inundated with criticism online, accused of being a racist and a bigot. This is an example of self-proclaimed “liberals” displaying qualities that are the very opposite of the tolerance they pretend to espouse. Rohrwasser has done nothing wrong by having, and expressing, conservative (or libertarian, or however one wishes to characterize them) beliefs. He has every right to get a Three Percenters tattoo. He has every right to “like” and retweet whatever tweets he wants to. There is no rule that every person must have moderate, mainstream, middle-of-the-road, politically correct views. To condemn someone for having non-traditional views is the true bigotry here. This is bullying, plain and simple.

As Rohrwasser’s high school coach, John Barber, put it: “For him to be called a racist thug and a Nazi and Hitler, it just turns my stomach, because that’s not who he is. They don’t understand the full story of who he is, just want to take something out of context and destroy a kid, which wasn’t called for.”

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bookmark_borderNorth Carolina tattoo artist arrested for opening store

In another example of government overreach, a tattoo artist in Apex, North Carolina was arrested for opening his shop and charged criminally for violating Governor Roy Cooper’s stay-at-home order. Matthew “Jax” Myers, owner of Apex Tattoo Factory, faces up to 60 days in jail or a $1,000 fine.

Myers announced his intended opening on social media, and police arrived on scene shortly after the shop opened at 1:00 p.m.

Even facing arrest, Myers stuck to his principles. “While understanding of and generally cooperative with officers, he refused to come into compliance with the Proclamation and was subsequently arrested without further incident,” a police statement read.

Like Michigan barber Karl Manke, Myers said that he had attempted to apply for unemployment benefits and for a small business loan, but was denied. He had no other way to pay his mortgage and was concerned that his business would die.

“I’m a law-abiding citizen,” said Myers in an interview with TV station WRAL. “I’ve done nothing wrong… If people are willing to take the risk, it’s their body and their choice.”

As Western Journal columnist Andrew Sciascia points out, this is exactly the argument that liberals make with regards to abortion. Why does it not apply with regards to getting a tattoo, or any other activity that affects one’s coronavirus risk?

The Mayor of Apex, Jacques Gilbert, seemed to express support for Myers to WRAL: “Whatever the consequences are to his decision, I’m gonna be there after it all and extend my hand to him and say, ‘I’m in this with you and I support you and we’re gonna get through this together.'”

Read the Facebook post by Apex Tattoo Factory below or at this link:

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