While Sutter County Supervisors increased their monthly auto allowance to $400, Yuba Water Agency directors debated raising their pay by 5% versus 3%, and Marysville City Council is leaning to treat themselves to cell phones, thousands of local small businesses have been illegally forced to close and hundreds will never re-open.
Last week, the owners of Upper Cut Barber Shops in Marysville, Wheatland, Rocklin and Yuba City were called to an administrative hearing. They refused to close due to unconstitutional Covid demands and then rejected the state’s abusive licensing authority.
However, rather than being able to confront their accusers in a court room the owners’ Constitutional rights were again denied with a phone call hearing. This is called Communism in China and Vietnam.
The defendants could have rioted for BLM and Antifa, or gone to Walmart or a casino without offense but the Covid virus is particularly contagious in a courtroom, government office or small business.
Angela Marsden gained national attention as Los Angeles Health Officials closed her Pineapple Saloon and Grille outdoor dining while in the same parking lot a film studio offered identical services. Authoritarian socialists see no problem making allowances for their friends.
After a court ruling finally stopped the outdoor dining ban in Los Angeles, attorneys Mark Geragos, Harmeet Dhillon, Mark Meuser, Alexandra Kazerian, and Matthew Hoesly, filed a lawsuit in U.S. District Court against Gov. Gavin Newsom on behalf of Ms. Marsden.
This is the 17th legal action filed against the governor by The Dhillon Law Group since March, 2020. A similar lawsuit was filed by the Nevada County Restaurant Coalition (ncrcoalition.com) against the governor, County Supervisors and their health officer for the government violating business owners’ rights.
Upper Cut owners are weighing legal options as well since they were not only harassed by the state but ordered to close and then cited for remaining open by Marysville Police Officers. District Attorney Clint Curry suggested cutting off the shops’ utilities.
Even with Uppercut’s reopening, customer traffic has been crippled by city and county government instigating public hysteria with false information and threats of fines. However, government employees don’t miss a check, sick day, retirement, paid vacation or holidays while many ‘work’ from home. Meanwhile, the people’s offices are closed to the people.
While the Founding Fathers gave their all to guarantee our God-given rights the tyrants ruling over us now say these same rights are but privileges to be permitted and purchased. Our founders shot tyrants for less.
The Marsden lawsuit challenges Governor Newsom’s emergency powers and his and the unelected public health officials’ violation of due process.
Some highlights are noted below:
“Defendants also have violated Plaintiff’s procedural due process rights by ignoring California law as to the promulgation of administrative regulations as set forth in the California Administrative Procedures Act (Cal. Gov. Code §11340 et. seq.), including but not limited to the procedures for enacting emergency regulations (Cal. Gov. Code §11346.1).”
“No right granted or secured by the Constitution of the United States can be impaired or destroyed by a state enactment, whatever may be the source from which the power to pass such enactment may have been derived.” Connolly v. Union Sewer Pipe Co., 184 U.S. 540, 558 (1902).
“Citizens have a fundamental right to be free from confinement without due process of law. Hamdi v. Rumsfeld, 542 U.S. 507, 531 (2004).”
“It is self-evident that the right to freely come and go from one’s home is a fundamental right. See Aptheker, 378 U.S. at 520.”
“The “involuntary confinement of an individual for any reason, is a deprivation of liberty which the State cannot accomplish without due process of law.” Connor v. Donaldson, 422 U.S. 563, 580 (1975). Also, any “confinement must cease when those reasons [giving rise to it] no longer exist.” Id.”
“Quarantine laws may be permitted as to infected individuals, but not the public at large. Robinson v. State of California, 370 U.S. 660, 666 (1962).”
“Both the Executive Orders and the Regional Orders mandate that Californians stay at home and shut down their ‘non-essential’ businesses” and …. “violate Plaintiff’s constitutional right to liberty.”
(Get Lou’s podcast at “No Hostages Radio” and his articles at nohostagesradio.com)
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