WHAT IT'S LIKE TO SUE THE GOVERNMENT

I'm suing the Orange County Board of Supervisors to force them to follow the law -- even during the fake, phony, fraudulent "emergency.”

The (hopefully final) hearing is Monday, January 30th.

Thank you to everyone who has donated to this important work! I literally could not do it without you. Your prayers, your activism, and your contributions make it possible for The Healthy American to fulfill its goals.

Prior to filing my lawsuit in September of 2021, I attended many Board of Supervisor meetings. Like many, I was stunned by this unprecedented amount of tyranny, and although I was no stranger to public speaking, the first meeting I attended was a little daunting because I had never publicly addressed the Board of Supervisors. At first, I thought I only needed to show the Board members the error of their ways. Because of my expertise in education, I did what I do best: I educated and informed the board about our rights and pointed out the laws they were breaking. I explained that there was no legal authority to deprive us of our rights, shut down businesses, close schools, restrict movement, enforce (anti) social distancing, restrict your breathing, and so on. Wow, looking back, I can say that I was somewhat naive to think it would be so easy.

I attended the meetings, which were held every other week, and told the board that I would take legal action if they did not abide by the law.

Since science and medicine have no bearing on our rights, I have never discussed those subjects at much length at all.. In the eyes of the law, it makes no difference to me whether there is a 99% survival rate or a 99% death rate. In either case, I have rights that are inalienable and I will not willingly give those rights away. It's a dangerous precedent to establish that the government can violate your rights in an emergency. California is Exhibit A, as we are still in "emergency" mode for "Covid-19" nearly three years later.

After attending meeting after meeting with no results, I began researching and studying CA Code 101080.

This law is the crux of my lawsuit against the County: California government code 101080

I realized that the Board of Supervisors was not putting the item for the health officer updates on the agenda (remember: public business must be conducted in public or it is a violation of the Brown Act) and that IF the board was receiving regular reports and updates from the Orange County health officer outside of the public meetings then they were in violation of the law. They are required to review the conditions at least every 30 days. The board must decide whether to extend the emergency that the health officer proclaimed or to call it to an end. Why? We have a republic system of government in the United States, which means that power is not centralized in one branch at the federal, state, or local level.

There are laws the government is obligated to follow in an emergency, but our so-called governor believed he could suspend all law and order during the cooties crisis. The California Emergency Services Act specifies the procedures, rules, and laws that the government organizations must adhere to in the event of an emergency. These emergency laws were enacted to control how the government operates during a crisis. This entire hogwash operation has been designed to bamboozle everyone into believing that one authority figure can tell you what to do.

After realizing the Board was failing to fulfill their legal obligations, I called the county counsel and asked him about the law (101080) that states the health officer can call an emergency BUT the county is REQUIRED to review the conditions at least every 30 days. After he agreed with me, I began to see this item appear on the agenda.

As the weeks turned into months (and years) thousands of freedom-loving people showed up to give testimony to the board in order to insist that they END the emergency, AS REQUIRED by California law.

But our words fell on deaf ears.

As the Board got more and more disturbed by the TRUTH that We the People were expressing at every meeting, they finally – in exasperation – agreed to NOT have any further discussion on the emergency, “until the Governor terminates the emergency.”

This motion was introduced by then-chairman Andrew Do (born in Vietnam – don’t you think he would have come to the US for FREEDOM, instead of promoting tyranny?) and then all board members agreed.

Stunningly, and in clear violation of CA HSC 101080, the board members stated that if they ended the emergency, then the county would not get any more emergency funds!!

So it appears that this Board is misrepresenting information for material gain, which would be fraud, and I sincerely hope that this Board is not guilty of fraud. Furthermore, they delegated their legislative powers to the governor and I hope you see the problem with that.

That was my last straw. I told them I was going to sue them, and I followed through.

I filed my lawsuit in September of 2021 with my legal team led by Nicole Pearson.

I am a petitioner, not a plaintiff. I'm not suing the government for money. What I'm petitioning the court for is a “Writ of Mandate. YES - an actual MANDATE!! (Only a court can issue a mandate, not a health officer, not the CDC and certainly not the clerk at Trader Joe’s!)

This Writ is to simply require the Board to follow the statutory law that spells out the Board’s LEGAL OBLIGATIONS for handling emergencies!

The attorneys for the county say that the Board does not have to follow the law – because of the emergency…

But the law I am citing IS THE LAW WRITTEN FOR EMERGENCIES!!

Yes, I know it seems like a circus, and any fourth-grader could rule on this case with ease, because it is so clear-cut.

Because of the “cooties” crisis (yes, justice was literally shut down), California has basically been operating under a one-person rule for the last three years. With all of the backlog, the courts are effectively broken.

And, because the system had shut down, everything moved slowly. We didn't have our hearing until September of 2022.

The courts are currently giving me the runaround. A judge was on the verge of ruling on the case (read all about that here), but he was removed at the last minute. The Board was ordered by the first judge to show cause (OSC) at the subsequent hearing that they were in compliance with the law  – or , to show cause why they did NOT have to “follow the law” – and to return to this court with supporting evidence.

Clear cut, don’t you think?

Then the case was handed over to a different judge, who then booted it yet again to someone else. On the day of the December hearing, I found out that the case landed in the hands of a judge who was about to retire. When the judge revealed that he had only received the case that morning and had not had time to review it, we were all shocked.

The case was assigned to him two weeks prior to the hearing date so I don’t know where the mixup was... and by the way, our hearing was in the afternoon so you would think he would use the morning to prepare for it, but he didn’t? 

That judge set a new date, January 20.

Then – I kid you not, my case was reassigned to yet ANOTHER judge!

I’m losing track, but by my count, that is four judges.

Reminds me of the “hot potato” game we played as kids.

Well, well, well… no surprise, but this new judge DELAYED the hearing again!

The NEW date is Monday January 30th.

What say you? Do you think this hearing will be held as planned?

Or do you think more shenanigans are afoot?

Some have said that the county is trying to delay, delay, delay until Gavin calls off the emergency – about 3 years too late – on February 28.

But that will have very little impact on the case, because it is not about the board terminating the emergency (though according to the law, it should have been terminated years ago) – it is about the judge ruling on a very simple question:

“Does the government have to follow the law that prescribes how to govern during an emergency – DURING an emergency?”

In other words: do laws have any value, substance and authority?

Or are laws just words on a page that can be ignored on a whim.

That, my friends, is why I am suing the government: to defend, uphold and protect our Constitutional Republic form of government, with three separate branches of government, and to push back against the authoritarian, one-man-rule that has been the reality of California.

The legislative body has no authority to cede power to the executive branch. PERIOD.

It ain't over till it's over! Prayers and financial support are SO appreciated! If you are able, please donate to help me keep fighting.

~Peggy

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It ain't over till it's over! Still fighting the public serpents in court -- can you help? Prayers and financial support are SO appreciated! If you are able, please donate to help me keep fighting OR: Send checks, cards letters here:

Peggy Hall / 205 Avenida del Mar PO Box 681 / San Clemente, CA / 92674

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