Tag: coronavirus

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.

bookmark_borderHawaii police arresting people for quarantine violations

Posted on by Marissa

In Hawaii, police are cracking down on dangerous criminals perpetrating such horrific deeds as visiting beaches, buying groceries, and picking up take-out food.

Hawaii requires all people entering the state to quarantine for 14 days, which is the strictest requirement of any U.S. state. Violations are punishable by a $5,000 fine and/or one year in jail. Government officials enforce the quarantine rule by requiring travelers to tell them what hotel they are staying at, and by telling hotels to issue room keys that can only be used for checking in, and not for re-entry. They also repeatedly call travelers and alert the police if the person does not answer his or her phone.

At least 20 people have been arrested for violating the requirement. This includes a couple from California celebrating their honeymoon who were arrested for leaving their hotel room. Another couple, from Virginia, were arrested for attempting to go to a grocery store before checking in at their hotel. Other individuals have been arrested for swimming at a hotel pool, for operating personal watercraft, and for purchasing groceries at Costco.

Honolulu City Council Member Kym Pine believes that travelers should be required to either be tested for the virus before boarding planes to Hawaii or have their locations tracked via cell phone. Speaking to the Associated Press, she made the curious argument that the economic damage caused by the lockdown rules – the unemployment rate in Hawaii is estimated to be between 25% to 35% – makes it particularly bad for people to violate them. “The people that are coming don’t care about us,” she said. “They obviously could care less whether they get the virus or not. So they obviously could care less about that mom and dad who have no job and no food.”

This just doesn’t make sense. The cause of Hawaii’s economic devastation is the rules that the government put in place banning events from happening, businesses from operating, and people from moving about freely. It’s the government who could care less about people with no jobs and no food. They caused the situation by implementing authoritarian measures that prioritize safety over not just economic prosperity but also freedom. People violating the harsh regulations are not causing Hawaii’s economic problems; the regulations themselves are. If anything, someone who cares about the economy would encourage tourists to visit, not punish them by throwing them in jail when they have done nothing wrong.

bookmark_borderVictory for gun rights in Massachusetts

Posted on by Marissa

An awesome victory for Second Amendment Rights took place today in my home state of Massachusetts. U.S. District Court Judge Douglas Woodlock issued a preliminary injunction allowing gun stores to open beginning on Saturday! Governor Charlie Baker had ordered them to close along with all other “non-essential” businesses as part of the state’s lockdown measures to fight Covid-19. This legal victory is the result of a lawsuit filed against Baker and his administration by a coalition of gun rights groups and individuals, including Firearms Policy Coalition, Commonwealth Second Amendment, and Second Amendment Foundation.

According to Judge Woodlock, the forced closure of gun stores amounted to an “improper burden” on people’s Second Amendment rights. “There’s no justification here between the goals of the emergency declared by the Commonwealth and the burdening of the constitutional rights of the defendants in this narrow area,” he said. “I have enough information to say, in this very small corner of this emergency, we don’t surrender our constitutional rights. These plaintiffs… have constitutional rights that deserve respect and vindication. And it becomes necessary for a court to do that.”

He also said: “There may be, in the background, a distaste or a lack of enthusiasm for the firearms industry in Massachusetts among political leaders. They’re entitled to their views as well. They just can’t transgress constitutional rights.”

Beginning on Saturday, gun stores can open for business between the hours of 9:00 a.m. and 9:00 p.m. as long as they operate by appointment only and make sure customers stand 6 feet apart.

“The citizens of Massachusetts have been deprived of their right to acquire arms for defense of hearth and home for too long during a time where it is most critical,” said Firearms Policy Coalition (FPC) Director of Legal Strategy Adam Kraut.

FPC President Brandon Combs said, “State and local governments cannot suspend the Constitution and its guarantee of fundamental human rights. Individuals have a human right to acquire firearms and ammunition for self-defense, and the need for self-defense is especially important during uncertain times. This important victory means people in the Bay State can exercise their right to keep and bear arms.”

This ruling affirms the fact that no pandemic or emergency of any kind should cancel out people’s fundamental rights. Thank you to the plaintiffs who filed this lawsuit and to Judge Woodlock for making the right ruling.

bookmark_borderTexas hair stylist to be freed after disobeying lockdown order

Posted on by Marissa

Shelley Luther, the owner of a hair salon in Dallas, TX, was thrown in jail for opening her salon in defiance of the state’s coronavirus lockdown order. She has been outspoken in her opposition to the restrictions. When she received a cease and desist letter, she tore it up in front of TV cameras. On Tuesday, during a court hearing, Judge Eric Moye said that he would sentence Luther to a fine instead of jail time if she apologized and complied with the order, but she did not. “Feeding my kids is not selfish,” she said. “If you think the law is more important than kids getting fed, then please go ahead with your decision, but I am not going to shut the salon.” The judge found her guilty of contempt of court and sentenced her to a week in jail, calling her defiant actions “open, flagrant, and intentional” and noting that she “expressed no contrition, remorse, or regret.”

Today, however, Governor Greg Abbott issued an executive order cancelling the possibility of jail as a punishment for violating the lockdown restrictions, and as a result the Texas Supreme Court ordered Luther to be freed. “Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical, and I will not allow it to happen,” he said.

This is a happy and just result. Salute to Shelley Luther for bravely standing up for her rights, as well as the rights of her employees and customers. 

bookmark_borderCrook County, Oregon Sheriff stands up for reason and common sense

Posted on by Marissa

The Sheriff of Crook County, Oregon, John Gautney, announced this week that the time has come for businesses to re-open, and that he and his officers will not stand in their way. In his statement, he acknowledged the seriousness of the coronavirus and the tragedy of the lives lost, while maintaining that each individual and each business has the right to choose which safety measures (if any) to take. The full statement can be read on Facebook or below (emphasis added by me):

May 4, 2020

The last many weeks have been a very difficult time for all of us. The unknown has created fear in many people to the point that it has been crippling to our economy. Crook County has been very good at maintaining our ability to function, in the most part, by doing what we have always done; using our common sense. There have been many businesses in our community that have been terribly harmed by the closing of the businesses by the State. In some of the more populated areas of Oregon, that might be needed, but not in Crook County. We have had one COVID case since this event started, and that was weeks ago, with no new cases since. As a rural county of Oregon we have been able to take care of ourselves and our families for years, and that is no different today.

I don’t want to see more families hurt by this virus, and it is terrible what families that have lost a loved one have gone through. My heart goes out to them. I, in no way want to lessen the importance of their loss.

I know that recently there has been criticism of the local government officials for not doing anything to get the county back open. I have been here almost every day since this crisis started and I can tell you that the county government is working daily to try and get the economy moving again. It is not always visible to the general public because it is going on behind the scenes. Judge Crawford, Commissioners Brummer and Barney have been constantly meeting with the Governor’s Office along with our County Health Director putting together a plan to move us forward.

Regarding the Sheriff’s Office, we had immediately taken measures to protect the county from lawsuits from special interest groups in regard to inmate safety because of this virus. In doing so we reduced the number of inmates in cooperation with local law enforcement, the Courts and our Community Corrections Division. We are currently in a very good position to protect our inmates and staff by implementing restrictions during the booking process. Our medical staff is constantly observing and taking any action necessary should anyone show indications of an illness. Our Patrol Division is continuing to patrol the county and answer your calls for service while practicing protocols that will protect themselves as well as the public. Our Community Corrections Division is continuing to monitor their clients and hold them accountable as needed.

Many are concerned that law enforcement will arrest anyone who violates the stay home order. That is simply not true for the Crook County Sheriff’s Office. As we have seen released in the media more than once, that Oregon law enforcement’s role in this is that of EDUCATION if they see violations. The enforcement role falls to the organization that issues licenses for that particular business. If a business decides to open, that is a decision the business owner makes. If customers choose to shop with that business that is that person’s choice. We are a free society and able to make decisions based on common sense. I see large businesses open every day with lots of customers and they are using safety precautions if they choose. The point is they have the right to choose. If the large stores can accommodate the large number of customers and operate effectively, why are we not letting the small business operate under the same guidelines?

I know this is going to draw disapproval by some, and that is ok. That is their right to do so. That is what our country is based on. If you are elderly and have underlying medical issues, then by all means stay home, IF YOU CHOOSE to do so.

I believe in supporting the Constitution of the United States and the Constitution of the state of Oregon and the laws thereof. I also try to apply common sense in the application of those laws.

Keeping this in mind, and after consultation with my staff, effective May 5, 2020, the Crook County Sheriff’s Office will be open for regular business, with some restrictions in place so that we may serve all citizens that need our services. New Concealed Handgun License (CHL) applicants will be able to resume with the application process. If you are on our waitlist, our office staff will be contacting you to make an appointment. CHL renewals will continue to be done by mail until our backlog is caught up.

With this change in our operation we do ask your cooperation for the time being. Please respect other’s by only two people in our lobby at a time. If you are sick with any illness, please reschedule your appointment until you are well. This is to protect my staff so they can continue to remain open and serve you.

Due to the close environment of the jail facility and the need to protect our persons in custody, as well as our staff, restrictions will remain in place for the immediate future.

As I have always said, if you have questions about the Crook County Sheriff’s Office, or of me as your Sheriff, please contact my office and arrange a time that we can meet. To this date since this crisis began, I have only have one person from the community call and asked to meet with me over the issues that we are facing.

Going forward I ask that you please allow the county officials to work to get Crook County up and running again. We can make this happen by all working together. If we are not united, then we are divided and that cannot be good for our economy or our lives.

Sheriff John Gautney