Category: news

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

Posted on by Marissa

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

Posted on by Marissa

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

Posted on by Marissa

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

Posted on by Marissa

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

Posted on by Marissa

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

Posted on by Marissa

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_borderNorth Carolina tattoo artist arrested for opening store

Posted on by Marissa

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:

Continue reading “North Carolina tattoo artist arrested for opening store”

bookmark_borderElon Musk fights back against authoritarian lockdown

Posted on by Marissa

Salute to Tesla CEO Elon Musk, who defied the stay-at-home order in Alameda County, California and re-opened his company’s factory.

Musk tweeted: “Tesla is restarting production today against Alameda County rules. I will be on the line with everyone else. If anyone is arrested, I ask that it only be me.”

On Saturday, Tesla sued the county government for the right to open its factory in Fremont, CA. The lawsuit argues that the government-mandated shutdown violates the 14th Amendment.

Last month, on a call with reporters, Musk called the government measures “fascist” and criticized the government for “forcibly imprisoning” people and violating their constitutional rights.

Wall Street Journal columnist Holman Jenkins went so far as to call Musk “the new ACLU.”

I completely agree with Musk’s views. Thank you for standing up for freedom.

bookmark_borderMichigan barbershop defies lockdown order with the help of militia

Posted on by Marissa

In another example of brave resistance to authoritarianism, a Michigan barbershop has opened in defiance of the state’s stay-at-home order.

On Friday, when barber Karl Manke, 77, attempted to open his shop in Owosso, Michigan, state police served him with an order from the Attorney General’s office telling him to close.

Yesterday, he opened shop again, this time with the help of the militia group the Michigan Home Guard, as well as dozens of other supporters. “Six troopers came in to enforce the governor’s order or to issue a cease or desist order so we are here to make sure he doesn’t get arrested,” said militia member Daniel Brewer. “We’re willing to stand in front of that door and block the entrance so the police will have no entry there today.”

Manke said that he had complied with the stay-at-home order for weeks but was denied unemployment benefits and had no choice but to open shop to earn a living. “I don’t need the governor to be my mother,” he said. “I’ll be open until Jesus walks in or until they arrest me.”

Reportedly the barbershop was filled with customers, with a line stretching down the block.

A legal victory took place today for Manke and his customers. Circuit Court Judge Matthew Stewart declined to sign a temporary restraining order against him. Additionally, Shiawassee County Sheriff Brian Begole announced that he would not enforce the stay-at-home order. “With limited resources, staffing and facilities, our priority focus will be on enforcing duly passed laws for the protection of Shiawassee County citizens,” he said. “I have decided, within my authority, that our office cannot and will not divert our primary resources and efforts towards enforcement of Governor Whitmer’s executive orders.”

Manke does face two misdemeanor charges and a $1000 fine.

At a press conference today, he said, “I’ve never seen this type of oppression by a government, ever, not even in the 60’s. The government is not my parent. Never has been…. If people don’t feel safe, they should stay home.”

Amen to that.

bookmark_borderColorado restaurant rebels against stay-at-home order

Posted on by Marissa

Salute to C&C Coffee and Kitchen, a Colorado restaurant that unabashedly opened yesterday in defiance of Governor Jared Polis’s stay-at-home order.

“We are standing for America, small businesses, the Constitution and against the overreach of our governor in Colorado!!” the restaurant tweeted.

A sign on the door read, “ATTENTION: Our freedom doesn’t end where your fear begins. If you are afraid to be within 6 feet of another person, do not enter this business!”

Many citizens of Castle Rock, Colorado seem to share these views about freedom, for the line to place orders wrapped around the building, and the tables and patio were full. According to owner April Arellano, approximately 500 customers showed up, almost double the number she typically sees on Mother’s Day.

“I’m so happy so many people came out to support the Constitution and stand up for what is right,” Arellano said. “We did our time. We did our two weeks. We did more than two weeks… and we were failing. We had to do something.”

“I know a lot of things are ran by fear,” she added. “I don’t have that fear.”

These sentiments make perfect sense and are something Americans should live by as the country emerges from its government-imposed lockdown.

Those who are fearful of catching the coronavirus – whether because they are in the over-60 age group, have lung problems or compromised immune systems, or simply would rather play it safe – can simply avoid going to businesses or other public places that are expected to be crowded. They can receive groceries, household items, and prescriptions (if needed) via delivery. Or perhaps some restaurants and stores will cater to the more risk-averse and limit their capacity so that a 6-foot distance between people can be maintained.

At the same time, people who do not have as much fear of catching the virus must be free to live their lives and run their businesses in the way that they choose, just as April Arellano and her customers did on Sunday. Placing a sign on the door warning people not to enter if they are afraid of being within 6 feet of another person is a great way to enable people to make informed decisions in managing their risk. Customers who are willing to take the risk of being inside a crowded restaurant can do so, while those who would rather not take the risk can choose not to go inside.

The bottom line is that people with and without fear have the right to live according to their own values. Those on the more risk-averse end of the spectrum have no right to impose their judgment on others, but unfortunately that is what has been happening all over the world for weeks and months as governments have imposed restrictions on people’s privacy, freedom of assembly, and freedom of movement in an effort to combat the virus. Those who prioritize safety have the right to take any measures they deem advisable to reduce their risk, but they do not have the right to restrict the activities of others in an attempt to reduce their risk.

Therefore, C&C Coffee and Kitchen did absolutely nothing wrong by opening. The owners, employees, and customers should be saluted for their bravery and defiance.